Agreement between Merchant and Travelling Agent
This agreement is made on this …………….. day of ………… 1999 between AB son of …………………………. residing at …………….. (hereinafter called employer which term shall include his successors) of the One Part and CD son of ………. residing at …………. (hereinafter called the agent) of the Other Part.
Whereby it is agreed as follows:
1. In consideration of good and faithful service to be rendered, the employer hereby appoints the said CD as travelling agent for ……… years from the date hereof in the employer’s business of manufacture and sale of detergents, on terms hereinafter mentioned.
2. The agent will, during the said period, diligently and faithfully serve the employer in such capacity as aforesaid and will at all times obey and carry out the instructions of the employer in regard to such service and all affairs ancillary or incidental thereto.
3. The agent will travel in the districts of, etc., and in such other district or districts as the employer may at any time require for introducing new customers and/or pushing the sale of the products of the employer its trade or business.
4. The agent shall use his utmost endeavours to secure orders for the employer’s goods and shall at regular intervals call on and report to the present and also future customers of the employer in the district or districts concerned and also endeavour his best to secure fresh order or orders for such goods and to establish a market thereof and shall pass on all such orders obtained by him to the employer for execution without the least delay.
5. The agent shall at all times keep full and accurate accounts of all orders secured by him and of all other transactions and things done by him in connection with the said business, and forward to the employer daily a statement of all business done by him during each day, specifying the persons or firms on whom he has called and the orders secured and moneys collected and spent by him.
6. If so directed by the employer, but not otherwise, the agent shall collect debts and receive money on behalf of the employer and give receipts for the same. Any money received by the agent shall be transmitted by him to the employer on the day of receipt.
7. The agent will not at any time except under legal process divulge any trade or business secrets relating to the said business of the employer or any customer or any agent of the said business which may become known to him by virtue of his position as agent or otherwise however save in so far as such disclosures are necessary in the interest and for the benefit of the said business and will be true and faithful to the employer in all dealings and transactions whatsoever relating to the said business.
8. All moneys received by the agent on any weekday shall be deposited with the employer on or before the close of office of the employer.
9. During the continuance of his service the agent shall not serve any other concern nor be directly or indirectly interested therein and will not solicit orders in any other district than those specified in cl. 3 hereof without direction in writing of the employer.
10. As consideration for the services to be rendered, the employer will pay the agent a salary of Rs. ……. per annum by monthly instalments of Rs. …………. each, the first such instalment to be paid on the …………… day of ……………….. next, and will also pay to him a commission on the moneys actually received by the employer in respect of all original orders obtained by the agent, at the rate of …….. per cent, and in respect of all subsequent orders for such customers at the rate of ……. per cent. The employer shall have full discretion as to executing or non-executing any such order or orders secured without making himself liable to damages on that account in which event the agent shall have no claim against the employer.
11. In addition to what is stated in cl. 10 hereof, the employer shall also pay to the agent a fixed sum of Rs. ………. per month to cover all expenses of travelling, board, lodging and otherwise (or the actual expenses incurred by him in connection with the business of the employer).
12. In the event of the agent falling sick or being otherwise prevented from doing his work by reason of any accident or otherwise, he shall at the first instance be entitled to such leave with full pay as is provided for by the service rules governing the trade of the employer whether of its own or of allied industries, but if his illness or incapacity is found to be incurable then the employer may determine this agreement on payment of a sum equivalent to one …………..’s salary, in addition to all arrears of salary and commission earned by him at the date of such determination, provided that if the agent is dismissed for misconduct, the agent shall not be entitled to anything in excess of arrears of salary and commission as aforesaid.
13. Either party may at any time determine this agreement by giving to the other ……………… calendar months’ notice in writing, provided the employer may, in the event of any breach by the agent of this agreement, determine the same without notice or payment in lieu of notice.
14. After the determination of this agreement, the agent shall not for ………. years, directly or indirectly, carry on any similar trade and business or be interested or concerned in any way within any district or districts in which the agent has at any time travelled on behalf of the employer, in any business similar to that carried on by the employer at the date of such determination, and shall not solicit the customers of the employer for orders.
In witness whereof the parties hereto have signed these presents on the day, month and year first above-written.
Signed, sealed and delivered by AB in the presence of:
Signed, sealed and delivered by CD in the presence of: