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Memorandum of Understanding For Dealers
Kaihatsu Techno Centre Pvt. Ltd.
(hereinafter referred to as
KTCPL)
takes pleasure in inviting applications for Dealership of software
Bliss subject to following
terms and conditions:
A.
Dealership
1.
Dealership will be given for Primary Area of Operation (PAO) for the
purpose of office record. However, dealership being of Freelance nature,
dealer can operate or conduct sale beyond the allotted area, provided he is able
to do the installation of software and give initial training to the user, if
needed.
2.
The Dealership shall be deemed in force from the date of submission of
this Memorandum and on issuing of formal Certificate Of Appointment by the
KTCPL.
3. All terms and conditions in respect of sale of software shall be strictly
as per the brochure released from time to time.
4.
Dealer shall not promise any user in respect of the contents, price and
frequency of the upgrades of the software of regarding incorporation of
suggestions, in writing or even verbally; unless the same is expressly mentioned
in the Bliss
brochure in force on the date of booking of the software.
5. KTCPL
does not take any responsibility towards any hardware purchased by the users
from the dealer or otherwise.
6.
Dealer will be taking responsibility of installation of the software and
initial training (single visit) to the user to whom he has sold the software, if
need arises.
7.
Dealer may charge visit fee to the user for any further training or
assistance or customizing or data entry. The rates for such visits may be fixed
by the dealer himself and will not be liable or responsible for the same.
8.
In case of any installation or program errors, user should be requested
to send the bug report directly to KTCPL site for correction.
9.
There shall be no binding on
KTCPL for offering dealership to any
other person or company from the same area of operation and reserves the right
to offer exclusive dealership to any person or Dealer in future.
10.
Continuation of dealership shall depend only on performance and ability
to give service to the user. The dealership shall be deemed terminated if the
dealer does not sell single software for a period of three consecutive months.
11.
Any dispute arising out of this contract shall be settled within the
Mumbai jurisdiction only.
12.
Minimum two copies of
Bliss have to be purchased by the dealer by
paying full amount of the time of getting dealership.
B.
Commission
1. Dealer will be entitled for commission of 40 per cent of the total amount
received by KTCPL from the sale of software.
2. Amount received on statutory payments like Sales Tax, Octroi etc. will
not be included for calculating the commission.
3. Accounts related to commission shall be settled in the first week of
every month.
4. The commission will be paid only after the realization of the Cheque.
5.
Terms in respect of commission-rate to be paid, shall be decided from
time to time as per the promotional priorities of each software.
6. KTCPL
may offer additional incentives depending upon the performance of the dealer.
7. Dealership will be on Commission on Sale Basis. Hence, dealer will not
be entitled for any benefits, compensations, etc. applicable for any employee.
KTCPL shall be liable to dealer only in respect of the commission as
specified in this contract or as announced by KTCPL from time to time.
C.
Demonstrations
1.
Dealer will be arranging demonstration of Bliss software and
invite users for demonstration at his cost.
2.
Dealer may organize demonstration in association with any Hardware
Dealer, Bank, finance Company, for more effective outcome.
3.
The arrangement of computers of recommended configuration for
demonstration shall be made by the dealer at his cost.
4. Dealer shall use only the official brochures provided by KTCPL,
from time to time.
5.
KTCPL
shall provide one set of brochures along with a Demo CD free of cost. However,
actuals may be charges towards additional promotional materials.
6. Prior approval by KTCPL is a must for the contents of letters,
circulars, and invitations sent/mailed to users by dealers, to avoid discrepancy
with companys policies.
D.
KTCPL Assistance
1. KTCPL
shall provide the list of dealers and users if needed for marketing.
2. KTCPL
can assist in making the demonstrations more economical and productive.
3. KTCPL
will arrange to send a trained Marketing
Executive for the demonstration whenever possible, on prior arrangement at
KTCPLs cost, if there is a large potential customer.
E.
Code of Conduct:
1. Dealer shall follow the instructions given by the Company from time to
time and maintain the code of conduct as desired by the company.
2. Dealer shall work in full co-ordination with the representative of
KTCPL or his superiors.
3. Dealer shall intimate KTCPL, any change in residential or office
address or telephone numbers immediately.
4. KTCPL
reserves the right to terminate Dealership.
5. KTCPL
shall have the right to suspend or discontinue dealership for any of the
following acts:
a.
Insubordination or disobedience.
b.
Corruption, dishonesty, or divulgence of the secret of the company
relating to any matter whatsoever.
c.
Acts involving moral turpitude.
d.
Neglect of duty or incompetence.
e.
Theft, fraud, dishonesty in connection with companys business.
f.
Assisting the software piracy directly or indirectly.
g.
Injuring the companys reputation in any manner whatsoever.
6.
Dealer shall not collect any amount in cash on behalf of KTCPL. All the
amount collected by the dealer shall be in the form of DD/Cheque payable in
Mumbai, in favour of Kaihatsu Techno Centre Pvt. Ltd.
7.
If dealer has supplied or suggested any person/company to supply the
necessary computer hardware to the users, he or she shall not give any type of
assurance or guarantee on behalf of KTCPL, for the hardware or its
maintenance.
Mr. Milind Upadhye
CEO
Kaihatsu
Techno Centre Pvt. Ltd.
Dealers Acknowledgement
I agree with the
aforesaid terms, and take sole
responsibility of person/s representing me/company, in respect of all matters
pertaining to the dealership.
Signature of the Dealer
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Name: |
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Area of Operation: |
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Date: |
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Seal of Company:
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