Trading Company of SALES MANDATE AGREEMENT DATED THE DAY OF 20 BETWEEN Toscana Limited, Hong Kong Trading as Fusion Yantai (the Agent ) AND ------------------------------------------------- (the Seller )
This Sales Mandate Agreement ( Agreement ) is made and effective this [DATE] BETWEEN: Toscana Limited Hong Kong T/A Fusion Yantai ( the Agent ) 1602, 16/F Trust Centre, 912-914 Cheung Sha Wan Road, Kowloon, HK AND: ( the Seller ) [Registered Address] WHEREAS The Seller wishes to market the Product(s) of real estate property described in Schedule A ( the Product(s) ); WHEREAS The Agent is prepared to sell the Products(s) on behalf of the Seller in return for a Commission; It is agreed as follows: 1. SELLING RIGHTS a. The Seller acknowledges that the Agent is being retained as a real estate Broker solely to act as the selling agent, canvasing or introducing potential clients, located within the Territory described in Schedule B, to purchase the Product(s). b. The Seller grants the Agent an exclusive right to sell the Products(s) on behalf of the Seller within the Territory described in Schedule B for a period of six (6) months commencing on the date that this agreement is signed. ( Selling Rights ) c. The Agent may not sell or attempt to sell the Products(s) outside of the Territory described in Schedule B. d. The Agent shall use his best efforts to sell the Products(s) for the duration of the Selling Rights. At the request from time to time of the Seller, the Agent shall furnish the Seller with a reasonably detailed, written report on his efforts to sell the Product(s) in the period specified by the Seller. 2. PRODUCT PRICES The Seller shall fix the selling price(s) of the Product(s) and the Agent may only sell the Product(s) at the selling price(s) fixed by the Seller. The total selling price shall be inclusive of all costs of the Product(s) including the Agent s commission. Toscana Limited - Sales Mandate Agreement Page 2 of 6
3. SALES a. The Agent shall obtain signed contracts of sale ( Contracts ) for the Product(s) from buyers or signed on behalf of the buyers. These contracts must be unconditional and must be secured with a ten percent (10%) payment ( the Deposit ). b. The Agent shall remit the Contracts to the Seller who shall use their best efforts to execute said Contracts in accordance with this agreement in a timely manner. 4. COMMISSION a. The Seller shall pay to the Agent a commission ( Agents Commission ) of seven percent (7%) of the selling price of each Contract duly remitted by the Agent in accordance with this agreement. b. The Agents Commission shall be due and payable when the Contract becomes unconditional. c. The Commission will be paid from the Deposit funds. When the Contract becomes unconditional the remainder of the Deposit funds will be transferred to the Seller s Lawyers Trust Account awaiting settlement. 5. ADVERTISING AND INFORMATION MATERIALS The Seller agrees to purchase marketing package(s) from the Agent. These package(s) include translation of the marketing material into the language of the Territory listed in Schedule B to aid the Agent in selling the Product(s). 6. PRODUCT NAME The Agent shall not do or permit anything to be done to prejudice the market image of the Product(s) or the Seller. 7. CONFIDENTIALITY The Agent shall keep the Seller s business secrets, including but not limited to customer service, logistical, financial, research and development information, confidential and shall not disclose them to any third party during and after termination of the Selling Rights. 8. SUMMARY TERMINATION OF SELLING RIGHTS If the Agent breaks any term of this agreement, the Seller may summarily terminate the Selling Rights on notice in writing to the Agent whom address details are listed in Schedule B. 9. TERMINATION CONSEQUENCES On termination of the Selling Rights for any reason, the Agent shall immediately cease to describe himself as an authorised sales agent of the Seller and cease selling the Product(s). Toscana Limited - Sales Mandate Agreement Page 3 of 6
12. FIDUCIARY RELATIONSHIP The Agent accepts and acknowledges that the terms of this agreement are in addition to and do not detract from the ordinary fiduciary duties owed by the Agent to the Seller. 13. MISCELLANEOUS a. In this agreement the singular includes the plural and the masculine includes the feminine and neuter and vice versa unless the context otherwise requires. b. The capitalized headings in this agreement are only for convenience or reference and do not form part of or affect the interpretation of this agreement. c. If any provision or part of any provision in this agreement is void for any reason, it shall be severed without affecting the validity of the balance of the agreement. d. Time is of the essence of this agreement. e. There are no representations, warranties, conditions or terms or collateral contracts affecting the transaction contemplated in this agreement except as set out in this agreement. f. Nothing in this agreement is intended to constitute a partnership or master and servant relationship between the parties. g. This agreement binds and benefits the parties and their respective heir, executors, administrators, personal representatives, successors and assigns. h. This agreement is governed by the laws of Hong Kong. The Parties hereby execute this Agreement as of [DATE] OWNER / SELLER AGENT. Authorised Signature Authorised Signature. Print Name & Title Joshua Hunt Toscana Ltd, Director Toscana Limited - Sales Mandate Agreement Page 4 of 6
SCHEDULE A Please list below the Property(s) details: Unit No Street No Lot Number Location Sales Price AUD SCHEDULE B Item - The Territory Item - The Term Including but not limited to the Asian regions of Hong Kong, PR China, Singapore, Taiwan, Philippines Malaysia, Japan and South Korea. 90 days Item Notice Address Agent Toscana Limited Trading As Fusion Yantai Address: c/- Room 1602, 16F Trust Centre 912-914 Cheung Sha Wan Rd, Lai Chi Kok, Kowloon, Hong Kong Phone: +852 3188 9168 Email: info@fusionyantai.com Toscana Limited - Sales Mandate Agreement Page 5 of 6
Registered Property Owner (Seller): Owners Name: Owner Address: Owners Phone: Owners Email: Seller s Authorised Lawyer /Conveyancer: Lawyers Name: Lawyers Address: Lawyers Phone: Lawyers Email: Seller s Authorised Real Estate Agent: Authorised Agents Name: Authorised Agents Address: Authorised Agents Phone: Authorised Agents Email: Registered Australian Real Estate Number: Fusion Listing Agent: Fusion Agents Name: Fusion Agent Address: Fusion Agent Phone: Fusion Agent Email: Fusion Authorised Listing Agent Number: Toscana Limited - Sales Mandate Agreement Page 6 of 6