This document including the Distributor Application Overleaf, if fully
Completed, signed by the applicant(s) and accompanied by payment of
Rs.1999/- favoring Hind Biotech when duly accepted by Hind Biotech
constituting the Distributor agreement (”Agreement”) between Hind
Biotech and the applicant(s) whose signature and other identification
date appear overleaf.
1. Hind Biotech appoints the overleaf - identified applicant(s) as
distributor of Hind Biotech products and the applicant(s) (here in after
individually and collectively referred to as the “Distributor”) accept(s)
such appointment. Distributor may, on a non-exclusive basis, purchase
Hind Biotech products from Hind Biotech, to resell, distribute and
Market in the territory of India.
2. Distributor hereby confirms that he/she has entered into this
Agreement as an independent contractor. Nothing in this Agreement shall
establish an employment relationship, or any other labor relationship
between the Distributor and Hind Biotech, and nothing shall establish
the Distributor’s position as procurer, broker and commercial agent,
contracting representative or other representative of Hind Biotech. When
purchasing and selling Hind Biotech products the Distributor shall act as an independent vendor, acting in his/her own name, at
his/her own responsibility and his/her own account.
3. Distributor shall not sell any Hind Biotech product for a price
exceeding the Maximum Retail Price. Distributor may charge, at his
discretion, any price that is lower then the Maximum Retail Price
indicated on the label of any product then applicable, price list issued
by Hind Biotech.
4. Relation between Hind Biotech and Distributor and all his/her
activities hereunder shall be governed, in addition to this Agreement,
by the rules contained in 1) Hind Biotech Sales and Marketing Plan and
2) Rules of Conduct (hereinafter collectively referred to as “Official
Documents”. The Distributor confirms that he/she has received a copy of
Official Documents and has read the terms and condition thereof and
agrees to be bound by them in addition to this Agreement. Hind Biotech
may amend from time to time, through notice by publication in Print
media and in house distributor circulations any of the terms and
conditions of the Official documents. If any Distributor does not agree
to be bound by such amendment he/she may terminate this Agreement within
45 days of such publications by giving a written notice to Hind Biotech.
Distributor’s continued relationship with Hind Biotech would constitute
an affirmative 1) acknowledgment by the Distributor of the amendment and
2) agreement by Distributor to abide and be found by this Agreement,
Official Documents and its modifications.
5. This Agreement becomes effective from the date of acceptance by Hind
Biotech of the applicant’s contractual offer in the forms of this
Distributor Application to gather with the sum of Rs. 1999/-. Such
acceptance shall be communicated by sending to the Distributor, a
Distributor Identification Card or Company news circulations upon
entering the particulars of the Distributor in Hind Biotech Distributor
Database, whichever is earlier. The Distributor Identification Card is
and shall remain the property of Hind Biotech and Distributor shall
return it to Hind Biotech without any delay upon termination or
expiration of this agreement.
6. The Co-Applicant/Second Authorized Representative acknowledge that
Hind Biotech will deal exclusively with the Primary Applicant/First
Authorized Representative in respect of all business Matters, and also
pay commission and / or any other incentives to and in the name of
Primary Applicant/Entry.
7. Hind Biotech will make all the payments on account of returns or
refunds through account payee cheques drawn in the favors of Primary
Applicant/Entity only.
8. The Distributor hereby express authorize Hind Biotech to make
available, release and disseminate all or part of the information set
forth herein to other Distributors within or outside of India.
9. This Agreement is effective for an initial definitive period of one
(1) year, from the date of acceptance hereof by Hind Biotech. However,
incase of acceptance by Hind Biotech of the Applicant’s contractual
offer on or after September 1st, this Agreement will be effective till
December 31st of the following year.
10. The Distributor may terminate this Agreement at any time by giving a
written notice to Hind Biotech. Hind Biotech may terminate this
agreement by giving a written notice (1) pursuant to the provisions of
the rules of Conduct: (2) for reasons of non-performance and (3) for the
breach of any terms and conduct of this agreement.
11. Hind Biotech may reject this application for any reason, at its
discretion, including if the application contains incomplete,
inaccurate, false, or misleading information. Any alteration or
modification will be subjected to verification.
12. All Distributors are required to renew their distributorship for the
following year on or before December 31 of each year. Hind Biotech
reserves the right, at its complete discretion, to reject any
application for renewal.
13. This Agreement is entered into on a personal basis and neither this
agreement nor any of the rights or obligations of Distributor arising
under this Agreement may be assigned or transferred without the prior
written consent of Hind Biotech.
14. Hind Biotech’s liability, whether in contract, tort or otherwise
arising out of or in connection with this agreement and/or relationship
arising there from shall not exceed the lesser of 1) actual damages or
loss assessed by the arbitrator as any other dispute resolution
mechanism adopted by the parties or: 2) the total commission earned by
the distributor during the preceding six months of the date of dispute.
15. Any dispute, differences or claim arising out of as in connection
with this agreement shall be submitted to binding arbitration and shall
be referred to the sole Arbitrator appointed in accordance with the
rules and regulation of Indian Alternate Dispute Resolution as fast
track arbitration. The venue of such arbitration shall be at Ghaziabad
and the award of the Arbitrator shall be final and binding on all
parties. The court at Ghaziabad shall alone have jurisdiction in
relation to this Arbitration Agreement and any award arising there from.
Please note: To avail benefit of monthly commission on Group turnover,
Distributors at level specified in Rules of Conduct as amended from time to time, must have personally done
purchase of Hind Biotech’s Products for sale of at least 1100 B.V.
during that month.
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