September 15, 2003
Brenntag Latin America Incorporated
0000 Xxxxxxxx Xxxxx
00xx Xxxxx
Xxxxxxx, Xxxxx 00000
Xx. Xxxxxxx Xxxxx:
The purpose of this letter is to confirm in writing the agreement between
Brenntag ("BLAI") and EnerTeck ("ECC") regarding the sale of EnerBurn by
Brenntag into certain Latin American countries. Your capacity will be that as an
exclusive distributor, an independent contractor, and you will be strictly
confined to sales into Columbia, Venezuela, Ecuador, and the Dominican Republic
("BLAI countries"). Since EnerTeck has other third party contractual commitments
in other Latin American countries, you agree to confine all your sales
activities to those BLAI countries only, with no activity whatsoever or resale
to other countries. You agree that BLAI is expressly forbidden from any sales
inquiries or activities outside of the BLAI countries defined herein. .
ECC will sell EnerBurn to BLAI at $53.50 (USD) per gallon and your resale price
will range between $90 and $100 per gallon. During the time that this agreement
is in effect, XXXX agrees not to sell and/or handle any other product which
would compete with EnerBurn.
This agreement is for a period of one year from the date hereof and may be
extended by mutual agreement of both parties in writing. However, BLAI should
purchase a minimum of 4,000 gallons of EnerBurn within the first year in order
to maintain sales exclusivity in the BLAI countries.
This agreement supercedes any other agreements, oral and/or written, regarding
this matter, but does not supercede that earlier secrecy agreement between the
parties and which remains valid and in full force and effect.
Any disputes between the parties will be resolved under Texas law and in the
courts of Xxxxxx County, Texas.
If BLAI is in agreement with the terms and conditions set forth above, please
execute both originals of this letter and return one original to the
undersigned.
We look forward to a good and mutually beneficial business relationship.
Very truly yours,
Xxxxxx Xxxxx
Chairman and CEO
ACCEPTED & AGREED TO:
BRENNTAG LATIN AMERICA INC.
___________________________________
Date:
