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It is understood that supplier designs, manufactures, and fabricates high power led street lights, led industrial lights, led flood lights, led spot lights, led tunnel lights, LED Garden Light, LED Wall Washer, LED Underground Light, LED Underwater Light, Solar Street Light, LED Strip Light, LED Bulb Light, LED Tube Light, LED Down Light, LED Panel Light, Flashlight.

It is understood that distributor has shown to supplier its interest to sell these Lighting products within the designated area.

Purchase from CommSun Directly, you must:
Carry full range of CommSun Lighting products for large quantity
Regular purchase, Intend to re-distribution of CommSun Lighting products
Have a local warehouse and sales team
Must be registered in your own country

Appointment

During the effective period of this Agreement, Manufacturer hereby grants to Distributor the right to sell Products in Territory and Distributor accepts and assumes such appointment for the sale and distribution of Production in Territory.

Privity

Distributor shall under no circumstances be considered to be the agent or legal representative of Manufacturer and shall have no right or authority to contract in the name of, or to create a liability against the Manufacturer.

Products

The products covered under this Agreement shall expressly be confined to CommSun lighting product, sold and exported by Manufacturer with their registered trademark “CommSun” (Hereinafter referred to as Products).

Territory

Distributor shall sell Products bought from Manufacturer only in Territory and shall not sell or export Products outside Territory during the effective period of this Agreement, otherwise, Manufacturer have the right to cancel Agreement.

Projects registration

Distributor shall from time to time provide to the Manufacturer the names of the clients in the Territory with whom the Distributor is working or vice versa. Manufacturer agrees that any clients introduced by Distributor would not be approached by Manufacturer or its agents without the written consent of Distributor.

Manufacturer shall provide engineering and sales support for Distributor including but not limited to telephone and email consultation, and lighting design by Manufacturer’s lighting design team.

Prohibition of Competitive Transaction

In consideration of the distribution right herein granted, Manufacturer shall not, directly or indirectly, sell or export Products to Territory through any other channel than Distributor. Distributor shall not sell other products which are the same or similar to Manufacturer’s Products except for traffic lights and architectural lighting products.

Prices and warranty

Manufacturer shall provide Distributor with price lists. If Manufacturer adjusts the unit price (s) which was quoted by Manufacturer, Manufacturer shall give Distributor thirty (30) days prior notice.

Manufacturer shall provide a warranty on Products. For the LED control gear, three (3) years warranty, and for the LED luminaires, five (5) years warranty, from the date the item is shipped. The provision of warranty is contained in Manufacturer’s warranty letter.

Distributor shall submit in writing to Manufacturer all claims for shortages in shipments within thirty (30) working days of receipt of notice by customers of a shortage.

Payment terms

Telegraphic Transfer. When Distributor places an order with Manufacturer, Distributor is required to pay 50% of the total sales proceeds as deposit by Telegraphic Transfer. Distributor shall pay the balance of the sales proceeds before shipment, and after Manufacturer receives all the sales proceeds and the related charge if any, Manufacturer shall courier the original bill of lading to Distributor without delay.

Telegraphic Transfer plus sighted L/C. When Distributor places an order with Manufacturer, Distributor is required to pay 50% of the total sales proceeds as deposit by Telegraphic Transfer. The balance shall be paid by sighted L/C. The L/C shall conform to all the clauses in the specific sales contract agreed by both Manufacturer and Distributor in order to avoid any discrepancy.

Individual Contract

Each individual contract under this Agreement shall be subject to this Agreement: the quantities, prices and shipments for Products shall be confirmed on each transaction.

Information and Report

Both Manufacturer and Distributor shall from time to time and/or on the request of either party furnish each other with information and market reports to promote the sale of Products as much as possible. Distributor shall give Manufacturer such reports as inventory, market conditions and other activities of Distributor.

Trade Marks

Distributor may use the trade mark of Manufacturer during the effective period of this Agreement in connection with the sale of Products. Any and all rights granted herein by Manufacturer to Distributor shall terminate upon termination of this Agreement, and Distributor shall henceforth cease to exercise any right or rights granted under this Agreement.

In case Distributor has found that Manufacturer’s trade marks, patents, copyrights or other industrial property rights are infringed upon by any third party, Distributor should promptly inform Manufacturer of such infringement and assist Manufacturer in taking necessary steps to protect his rights effectively.

In case Distributor acts against the above mentioned, Manufacturer reserve the right to terminate this agreement.

Cancellation or Termination

In case there is any breach of the provisions under this Agreement by either party during the effective period of this Agreement, the parties hereto shall first of all try to settle the matter in question as soon and amicable as possible to mutual satisfaction. Unless settlement is reached written thirty (30 ) days after the notification in writing of the other party, such other party shall have the right to cancel this Agreement and the loss and damage sustained thereby shall be indemnified by the party responsible for such breach.

Further in the event of bankruptcy, insolvency, dissolution, modification, consolidation, receivership proceedings affecting the operation of business or discontinuation of business for any reason and/or reorganization by the third party, either of the parties hereto shall have the absolute right to terminate this Agreement forthwith.

Force Majeure

Neither party shall be liable to the other for the failure or delay in the performance of any of his obligation under this Agreement when such failure or delay is due to fire, flood, strike, riots, wars, embargoes, governmental laws, orders or regulations, storms or other similar or different contingencies beyond the reasonable control of the respective parties. If, as a result of legislation or governmental action, any party or parties are precluded from receiving any benefit to which they are entitled hereunder, the parties shall review the provisions of this Agreement so as to try the best possible efforts to restore the party or parties to the same relative positions as previously obtained hereunder.

Assignments

Neither party shall assign, transfer or otherwise dispose of this Agreement in whole or in part or any right hereunder to any person, firm or corporation without the prior written consent of the other party.

Secrecy

All information made available under this Agreement shall be kept in strict confidence from any third party without prior consent in writing of the other party. The only exception, however, shall be the disclosures forced by the laws, orders or regulations of Governments or Organizations having the necessary authorities and such disclosures shall not be deemed to constitute a violation of this Article under this Agreement.

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