Common use of Procuring Cause Clause in Contracts

Procuring Cause. In the event there is a conflict between Dealer and another Dealer, distributor or a sales rep regarding who is the procuring cause for a transaction then the Corporation shall review the facts and make a determination based on the documentation provided by the parties involved. In resolving the conflict the corporation shall consider the amount of communication as well as the content of the communication with the purchaser, agreements if any signed by the purchaser designating an individual or company as their representative, and the facts leading up to the purchaser's decision to place an order for the products. Great consideration will be given to the preference of the purchaser if the purchaser makes a decision on who they want to represent them. Merely contacting an individual or company with product information does not make a Dealer, Distributor or Sales Rep the procuring cause for a transaction. The decision of the Corporation shall be final. Corporation may determine that more than one party contributed to the procuring cause for a transaction and split any fees or profits between the parties. All parties agree to submit supporting documentation within five days to corporation upon request by Corporation.

Appears in 2 contracts

Sources: Domestic Non Exclusive Dealer Agreement (Ciralight Global, Inc.), Domestic Non Exclusive Dealer Agreement (Ciralight Global, Inc.)