- 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 itsPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011