- 3 -
to be made by petitioner to AA&H or Mr. Aydin and was signed
twice by Mr. Aydin, in his personal capacity and on behalf of
AA&H. The second commission agreement does not refer to the
first commission agreement, but the two agreements cover similar
subject matter, the entitlement to payments in respect of the
supply and sale of trenching machines to a Turkish Government
agency (first commission agreement) or the Government of Turkey
(second commission agreement).
The first commission agreement refers to BID 86-8203 and
provides for a schedule of payments to AA&H of all proceeds in
excess of specified amounts received for three types of trenching
machines, the specified amounts ranging from $118,00 to $122,000
per unit, f.o.b. factory. For example, if petitioner should sell
one of its least expensive trencher machines to the Turkish
Government agency for $160,000 with the assistance of AA&H,
petitioner would be obligated under the commission agreement to
remit $42,000 ($160,000 - $118,000) to AA&H. Petitioner agrees
to absorb any penalties imposed for late payment provided that
delays are not caused by situations beyond its control, and AA&H
agrees to pay from its share of the "proceeds all commissions,
consulting fees, freight and other miscellaneous expenses related
to this contract".
The second commission agreement fixes the liability to make
payments under the underlying sales contract, specifies that its
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011