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THIS AGREEMENT is made and entered into as of
(date) by
and between AT-LINK having an office and place of business at 2 Fuhsing
North Road, Suite 8F-12, Taipei, Taiwan 104, (Hereinafter referred to
as the Agent) and
(Customer's name, hereinafter referred
to as the Buyer ) having an office and place of business at
(address).
WHEREAS, the Buyer desires to hire the Agent to perform outsourcing management
services and the Agent desires to be hired by the Buyer to perform such
services regarding the operational management (the services).
THEREFORE, in consideration of the terms and conditions set forth below
and other good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged by the both parties. The both parties
further agreed as follows:
- The Agent as an outsourcer shall solely accept tasks given by the
Buyer. The Agent shall be the only Outsourcer for whom the Buyer has agreed upon. The Buyer shall use the services rendered by the
Agent.
- The Agent shall be the representative for the daily activities. It
shall act as the contact person for the Buyer to negotiate with suppliers.
- The Agent's representative and the Buyer shall on a monthly basis
discuss the progress and quality of the services rendered.
- The Agent shall report frequently to the Buyer concerning requirements
made by the Buyer. Thus, the Buyer can receive an insight in the achievements
of the Agent, so that, when necessary, appropriate action(s) can be
taken.
- The Buyer is entitled to an intermediate evaluation of the achievements
of the Agent. The Buyer shall initiate a meeting with the Agent,if necessary.
- The specifications and pricing of these services shall be mutually
agreed upon and confirmed via written instrument (i.e. statement of
work) which is signed by an authorized representative of each party
before such services are delivered.
- The Buyer agreed to pay to the Agent a monthly outsourcing fee of
US$
plus the actual traveling costs in performing the tasks of
factory inspection and quality assurance. All monthly service fees shall
be payable within 30 days upon receipt of invoice issued by the Agent.
- Instead of paying a monthly outsourcing fee to the Agent, the Buyer
may choose to pay the Agent three per cent commission of the gross purchase
amount on each purchase. Such commission shall be payable to the Agent
on the same day when the Buyer places an order to the supplier.
- This Agreement shall commence on the Effective Date and continue
in full force and effect for one year and the term of this Agreement
may, upon mutual agreement by both parties, be extended for additional
one year period, unless terminated as provided herein.
- This Agreement shall not be changed or terminated orally. No change,
termination or attempted waiver or any of the provisions hereof shall
be binding unless in writing and signed by both parties.
- Neither party shall sell, transfer, assign or subcontract any right
or obligation hereunder without the prior written consent of the other
party. Any act in derogation of the foregoing shall be null and void.
IN WITNESS WHEREOF, both parties acknowledge that each has fully read
and understood this Agreement, and intended to be legally bound thereby,
executed this Agreement on the date set forth above.
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