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NCND AGREEMENT

BILINGUAL CONTRACT TEMPLATE 

NCND Agreement

(Non-Circumvention and Non-Disclosure)

The NCND Agreement is used primary for intermediaries in trade operations, such as agents, brokers and other forms of middlemen.

What is a NCND Agreement?

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An NCND Agreement is used when you act as an intermediary between a buyer and seller. It prevents the other parties from circumventing and disseminate information provide by you.  Its application are typical for ODM (original design manufacturing) products or for commodities which are not differentiated for the buyer.

A significant number of export transaction of Chinese products are derived from buying agents, product brokers and trading companies.  In order to successfully and efficiently execute a trade operation, you may need to divulge buyer and seller information for purpose of delivery, warranty and payments.   The NCND Agreement  will secure your position and deter other involved parties from directly circumventing you or disclose proprietary information to a third party for purposes not outlined in the agreement. Our contract is bilingual, in Chinese and English, and is suited for the China market.  It is adapted to meet Chinese commercial practices and to the standards of China's legal framework. 

What is covered in the agreement?

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Key Provisions in this Agreement:

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  • Receiver and Discloser Information

  • Definition of Proprietary Information

  • Exception for Certain Information

  • Non-Disclosure

  • Use of Proprietary Information

  • Duties with Respect to Third Parties

  • Non-Circumvention

  • Terms of Termination

  • No Grant of License

  • Disclaimer

  • Liabilities, Waiver and Remedies

  • Governing Law

  • Dispute Settlement

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