AUTHORIZED RETAILER AGREEMENT
This “AUTHORIZED
RETAILER AGREEMENT” is made on this the day of 26th May 2024 in
the year 2024 of the Christian era.
ISMARTU Technology BD limited, represented
by its Chief Executive Officer, Mr. Rezwanul Haq of Plot no. 11/A, Road No.48,
Block – CWN(A), Gulshan -2, Dhaka. (In fact it inheritors, legal
representatives, the hand over individual to materialize this AGREEMENT)
……FIRST PARTY/PRINCIPAL
Satyendra Kumar Roy (Dulal) Son of
Poritos Roy & Cinta
Roy, proprietor of Star Power-2, Address-
Shop No. #512, Level 5, North Tower, Uttara, Dhaka.
Occupation- Business, Nationality- Bangladeshi, Religion–Hindu, NID no: 327 997
4459, TIN-852566245420/Circle-92, Taxes Zone-5, Dhaka. (In fact his inheritors,
legal representatives, the hand over individual to materialize this AGREEMENT)
…….SECOND PARTY/RETAILER
THE FIRST PARTY AND THE RETAILER, by signing
this AGREEMENT, acknowledge having read and agreement to the terms and
conditions herein.
WHEREAS, FIRST
PARTY as the sole owner of the Mobile sets and accessories under the Brand name
and fashion of “TECNO” (hereinafter ““TECNO””/“Mobile sets”/“Mobile sets and
accessories”/“Product items” whichever is applicable bearing similar meaning) desirous
to appoint Satyendra Kumar Roy (Dulal), proprietor of Star Power-2 (hereinafter “the RETAILER”) for the
commercial purposes to sell “TECNO” Mobile sets and accessories and the RETAILER
has expressed his desire and have agreed to the proposal of the FIRST PARTY
whereby the RETAILER will operate and run his business enterprise i.e. his rented out above addressed Shop as
the Brand Outlet (hereinafter “Sales Centre”/“Show-room”/“Brand outlet”
whichever is applicable bearing similar meaning) for selling Centre of the “TECNO”
mobile sets and ancillary accessories. RETAILER desires to accept such
appointment, pursuant to the following terms and conditions.
NOW,
THEREFORE, the
parties agree as follows:
1. DEFINITIONS
All capitalized terms used but not otherwise
defined herein shall have the meaning set forth in this Section.
Approved Sales Area: As
described in the Schedule below of this AGREEMENT, the geographic area that RETAILER
is approved to promote, market, advertise, circulate and sell the “TECNO”
Mobile Sets and ancillary accessories.
Authorized Mobile Sets/ Equipment/Accessories: The
only Mobile sets/Equipment’s/Accessories that can be sold, marketed,
advertised, and circulated is “TECNO” and as such other items or products provided
from time to time in writing by the FIRST PARTY.
RETAILER: A retailer that the FIRST
PARTY contracts with to offer, sell market, advertises and circulates the products
and items in respect of Mobile Sets and accessories.
End User: A Person who is a paying
customer of the Service.
Marks: Trademarks, service marks,
trade names, insignia, symbols, logos, trade dress, decorative designs, brand
or the like under the ownership of the FIRST PARTY.
Person: Any individual, subsidiary,
corporation, limited liability Company, partnership, co‑partnership, firm,
joint venture, association, joint stock Company, trust, estate, unincorporated
organization, governmental or regulatory body or other entity.
EMI NUMBER: The numeric code that is
issued for each of TECNO Mobile Sets.
Service: The Mobile Sets under the Brand
name and fashion of “TECNO” handsets and accessories that the FIRST PARTY will
provide under this AGREEMENT for the sale by RETAILER.
WHEREAS, both the FIRST PARTY and RETAILER agree
and bind themselves by-
2. TERM
This AGREEMENT is for 3 (Three) Years commencing from 26th May 2024 to till 25th May 2027, subject to review and renewal at the
discretion of the FIRST PARTY based on the evaluation of business performance
by the RETAILER and mutual compliance of both the parties. This Agreement can
be terminated by the FIRST PARTY at any time pursuant to CLAUSES as stated below
of this AGREEMENT.
All the terms and
conditions of the said AGREEMENT are mandatory upon the parties entering this
AGREEMENT. In case of any alteration, addition or subtraction is required in
the AGREEMENT relating to the terms and conditions, then the AGREEMENT may be
supplemented or renewable as per mutual dialogues and discussion of the both
the parties.
This AGREEMENT may be updated
from time to time by the FIRST PARTY subject to a prior notice of 90 (Ninety)
days given to the RETAILER.
INDIRECT,
CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES OR LOST PROFITS, OPPORTUNITIES,
DATA OR REVENUES OR OTHER SIMILAR INDIRECT DAMAGES ARISING UNDER OR IN
CONNECTION WITH THIS AGREEMENT.
RETAILER
ACKNOWLEDGES THAT A BREACH OF THIS AGREEMENT MAY CAUSE FIRST PARTY TO BE IN
BREACH OF ITS AGREEMENTS WITH ITS PARTNERS AND MAY CAUSE SUSPENSION OR
TERMINATION THERETO. ACCORDINGLY, RETAILER HEREBY ACCEPTS FULL RESPONISBILITY
FOR ANY DAMAGES CAUSED BY ITS BREACH, REGARDLESS OF THE NATURE OF THE DAMAGES.
10. GENERAL
Governing
Law, Jurisdiction, Venue. This
AGREEMENT and the rights and obligations of the parties under it will be
construed in accordance with and be governed by the laws of BANGLADESH, without
regard to the conflict of laws or choice of law provisions thereof.
This AGREEMENT is composed in computer. The said deed shall be two sets and both the parties shall have one set of the deed.
Schedule of Shop/Sales
Centre/Brand outlet
Star
Power-2, Shop No. #512, Level 5, North Tower, Uttara, Dhaka is the
exclusive shop of the said deed of Agreement.
So, I, intentionally, in true sense, in sound
health, and without the persuasion of others have read the deed myself, and
making others read it, and by understanding its meaning, have declared my
presence in front of the witnesses, both the parties have signed it.
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FIRST PARTY/PRINCIPAL
On Behalf of ISMARTU BD Limited. |
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2. 3. |
SECOND PARTY/RETAILER Satyendra Kumar Roy (Dulal) Star Power-2 NID No: 307 997 0059
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