This Agreement and the terms herein shall be valid for a period of one (1) year, effective from the date of signing by both parties.
The Dealer represents the interest of E.M.SH Ng-Tech Limited and at no time misrepresents its products and services to any third party.
The Dealer will not engage in selling practices which misrepresent any aspect of the products or services offered by E.M.SH Ng-Tech Limited, or which unfairly mislead or induce an unwilling customer to make a purchase, or which are otherwise irresponsible or not sanctioned by E.M.SH Ng-Tech Limited.
The Dealer will have its own sales personnel to sell E.M.SH Ng-Tech Limited products, and to implement good customer service in accordance with the sales policies of E.M.SH Ng-Tech Limited.
The Dealer will allocate a suitable display area for the E.M.SH Ng-Tech Limited products. This may be accomplished though the Dealer online store, retail outlet, sample displays, literature or catalog(s).
The Dealer will refrain from disclosing or in any way reveal, directly or indirectly, to any person or entity, details or other information contained in these terms and conditions (including pricing) between E.M.SH Ng-Tech Limited and the Dealer.
The Dealer will abide by all governmental regulations in relation to the Dealer regular business performance. (i.e., taxes, licenses, permit, etc.).
The Dealer operates itself as an independent contractor and is not in partnership with E.M.SH Ng-Tech Limited. No right has been given to the Dealer to enter into any agreement or commitment in the name or behalf of E.M.SH Ng-Tech Limited or to bind E.M.SH Ng-Tech Limited in any respect whatsoever. Neither shall anything contained herein or done in pursuance hereof, constitute the parties as legal representatives of the other for any purpose whatsoever. There exists no employer-employee relationship between E.M.SH Ng-Tech Limited and the Dealer. Hence the Dealer, its agents and employees, shall under no circumstances be considered as employees, agents, and representatives, of E.M.SH Ng-Tech Limited. Neither shall the Dealer make any representation, guarantee or warranty with respect to a E.M.SH Ng-Tech Limited product or service that is not sanctioned by E.M.SH Ng-Tech Limited or the product Manufacturer.
E.M.SH Ng-Tech Limited shall not be responsible for any negligence or default of the Dealer, its agents and employees, and will keep E.M.SH Ng-Tech Limited indemnified against the same and all actions, proceedings, claims, demands, and expenses in relation hereto.
The Dealer shall not publish any advertisement or editorial which may mislead or deceive the public, or may be detrimental to the good name, trademark, logo, goodwill, or reputation of E.M.SH Ng-Tech Limited or product Manufacturers.
This Agreement is non-assignable, non-transferable and can be terminated by either party without thirty (30) days from date of receipt of written notice to the other party.
E.M.SH Ng-Tech Limited may unilaterally terminate this Agreement and resulting business relationship if the Dealer/Distributor violates any of the terms and conditions of this Agreement, changes the ownership or management of its business, engages in any unfair or unethical trade practices, or commits any fraudulent act.
Upon termination of this Agreement, the Dealer/Distributor ceases immediately to represent, display, advertise, or promote any association with E.M.SH Ng-Tech Limited or its products.
This Agreement shall be automatically renewed at the end of the term by mutual consent of both parties on an annual basis under the same terms and conditions set forth in this Agreement unless otherwise amended and agreed upon by either party in writing, providing ten (10) days notice.