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MPMC Exclusive Distributor Agreement
1. Appointment, Territory, Products, Brand
1.1. Manufacturer appoints Distributor, and Distributor accepts this Appointment, as an authorized Exclusive Distributor of Sales and after sales services of the PRODUCTS listed in Exhibit A to serve users located in the TERRITORY identified in**..
1.2 The PRODUCTS here listed in Exhibit A should bear the co-branding of MPMC and distributor.
1.3 The Manufacturer holds the right to sell other PRODUCTS that not listed in Exhibit A to any other parties in the exclusive Territory.
1.4 The Manufacturer will not sell the PRODUCTS here listed in Exhibit A under MPMC brand or any other brands directly to the Territory, the manufacturer will not be responsible for the goods indirectly resale or move to the Territory from other country that can not be controlled by the Manufacturer.
2. Manufacturer Responsibilities
2.1 Manufacturer agrees to furnish Distributor with reasonable quantities of Manufacturer's catalogs, manuals, advertising literature and other sales aids in English.
2.2 The Manufacturer hold the right to sell the products to other countries that transshipped via the exclusive Territory.
2.3 The manufacture offer warranty: 1000 hours operation or 12 month from the distributor receiving date, or 18 month from the generating sets be delivered. The time whichever arise first should be considered as warranty due time. For the details of Warranty scope please refer to Annex B : Warranty and quality manual
3. Distributor's Responsibilities.
3.1 Distributor is responsible for the marketing, sales and after-sales service of the products which listed in the Exhibit A in the territory, Distributor should do its best to improve the share of products in the territory and the develop as more users as possible. Distributor shall provide the Manufacturer with an annual analysis of the market, including market size, market share data, and competitive activities.
3.2 Distributor must participate in the major exhibitions hold in the exclusive territory or related regions (the minimum requirement of booth space is 36 square meters). Manufacturer's name and logo should be shown on the booth. Manufacturer should send representative to the exhibition and provide suitable amount as the support, the amount will be determined according the content of the sample presented on the exhibition.
3.3 Distributor shall not purchase & marketing the products which listed in Exhibit A produced by any other vendors worldwide including China besides Millennium Power.
3.4 Customer Service
Distributor shall provide customer service (including, but not limited to, installation, debugging, maintenance etc) to this territory .If any problem of Generating Set occur during Warranty time, THE EXCLUSIVE DISTRIBUTOR should handle it as soon as possible and then confirm the responsibility and ensure who should bear the expenses of maintenance. THE EXCLUSIVE DISTRIBUTOR can ask for Manufacturer's support if necessary. The Manufacturer won't pay for any additional local labor charge which has been spent on repairing generator set.
3.4 Limitation
THE EXCLUSIVE DISTRIBUTOR shall not cheat the customers nor do anything else that may damage Manufacturer's benefit and its brand during the continuance neither of this agreement nor at any time and any place thereafter, and MANUFACTURER have the right to bring forward any demand for compensation under this situation.
3.6 Sales target
Subject to timely supply and proper support of manufacturer after acceptance of the order, both parties set up a sales target in the following table during the agreement period.
 

4. PRICES, PAYMENT, QUALITY & SHIPMET
4.1 Ordering.
Distributor shall order Products from the Manufacturer product list and a written purchase order identifying the Products ordered, requested delivery date(s) and any export/import information required to enable the Manufacturer to manufacture. All orders will not be acceptable without the written acceptance of the Manufacturer.
4.2 Pricing
The standard price list for Products has been attached in the Annex A. The price may increase in case the fact cause the products cost increase that cannot be controlled by the Manufacturer, like currency exchange rate changing of RMB: USD, government tax policy change, worldwide material cost increase etc that the distributor should be informed in written notice and the price won't be changed in any case if the order had already been confirmed by deposits.
The actual price is according to the purchase order agreement between the distributor and manufacturer.
4.3 Payments.
The full amount of the order should be paid before shipping by telegraphic transfer (T/T): 30% deposit for confirming order, 70% balance before delivery.
4.4 Packing and shipment.
Unless there are some special requirements from the distributor, all products ordered shall be packaged by polythene dust cover for shipping and storage. It is Distributor's obligation to notify the Manufacturer of any special packaging requirements (which shall be at Distributor's expense).
If the order without any special requirements, the manufacturer can arrange the transportation under the FOB business term after the distributor paid all amounts of the product, all of the transportation and insurance costs borne by distributor.
Because the party agents transport reason, the product damage, loss or not been able to arrive on time, the distributor should negotiate and claim to the party agents transport.
4.5 Quality.
The quality standard is according to the manufacture production standards.
If the products have quality problem, distributor should complain to manufacture after receipt of products within three working days or before installation in written form.
For each order parties, the following original documents must be delivered to distributors:
- Engine certification, spare part catalog(according to the engine supplier), operation manual for engine.
- Alternator certification, operation manual for alternator.
- Generator set test repot, wiring diagram, operation manual.
5. Term/Cancellation
5.1. This Agreement shall become effective as of the date hereof upon execution by the officer or other authorized representative of the Manufacturer and the Distributor both, and shall remain in effect for one(1) year(s) thereafter unless previously terminated by either party for any other reason upon not less than thirty (30) calendar days prior written notice to the other party.
5.2. Without limitation, the following events shall constitute grounds for termination by Manufacturer:
(a) If Distributor shall fail or have failed against a petition in bankruptcy or insolvency or if Distributor shall make an assignment for benefit of its creditors or if Distributor's viability as a going concern should, in Manufacturer's judgment, become impaired;
(b) If Distributor fails to meet 70% of minimum purchase goals, as defined in Exhibit B.
(c) If Distributor purchase & marketing the products which listed in Exhibit A produced by other vendors besides Millennium Power
6. Miscellaneous
In the implementation of the agreement, if any party have dispute, both party should be settled it through friendly consultations, when the consultation is invalid, arbitration by the court of the manufacture where.
Exhibit A: Products:
Generator set powered by_________engines___
Exhibit B: Minimum purchase Goals: USD ________million or________units per year
This document also includes the following annex
Annex A: Distributor Price List
Annex B: Warranty and quality manual