Powerplus Racing Fuels

Distributor Agreement

ACB Group has grown to become the largest specialist Class 3 Dangerous Goods contract
blender and specialist repack / filler in Victoria. With state-of-the-art mixing facilities, a
fully equipped lab, private labelling machinery, warehouse storage facilities and third
party logistics in house, we offer an end-to-end solution for our customers to bring their
product from design to completion.

We blend large and small batches for customers, and also fill and pack a variety of
packaging sizes. Being a small business, our team work across multiple roles and help the
team out where and when necessary. Key customers include Valvoline, Dulux, Cleanaway
where we are contract
manufacturing degreasers, cleaners, & ethanol.
Powerplus Distributor Agreement

BETWEEN
ACB Group Pty Ptd
AND
XXXX Pty Ltd

Parties
ACB Group Pty Ltd
Of 118 Swann Drive Derrimut VIC 3026
ABN 79 724 186 134
(Manufacturer)

XXXX Pty Ltd

(Customer)

Background
This distributor agreement is made effective on xxxx 2022 (“Effective Date”) between the ACB
Group trading as Powerplus Fuels (referred to as the Manufacturer) and xxx (referred to as the
Customer). The initial term of this Agreement commences on the effective Date and, unless
terminated pursuant to the terms of this Agreement shall continue indefinitely.
The Customer wishes to enter into a distributor agreement with the Manufacturer. In order to
meet the manufacturing requirements:
A POWERPLUS FUELS grants to the Distributor a non-exclusive right to the distribution and retail sale of
POWERPLUS FUELS products in accordance with this Agreement.
B This Agreement commences for a period of one year from the date of acceptance by POWERPLUS
FUELS of the Distributor’s Application, with the Agreement to be renewed annually at the discretion of
POWERPLUS FUELS.
C POWERPLUS FUELS’s policies and procedures and POWERPLUS FUELS marketing program are
incorporated into and become part of this Agreement and they may be varied by POWERPLUS FUELS at
any time by notification to all Distributors on the POWERPLUS FUELS’s web- site.
 D If the Distributor does not agree with any such variations, then written notice to this effect may be
given to

POWERPLUS FUELS and this Agreement shall then come to an end without there being any
adverse consequences to POWERPLUS FUELS by reason of the Distributor doing so.
E. The Distributor is an independent Contractor carrying on its own business in the distribution and retail
sale of POWERPLUS FUELS products and, as such, there is no relationship between POWERPLUS FUELS
and the Distributor of employment, agency, partnership or joint venture, and the Distributor has no
authority at all to bind POWERPLUS FUELS to another person.

F. The Distributor can only sell POWERPLUS FUELS products upon terms and conditions
specified by POWERPLUS FUELS.
G. If the Distributor decides to do any advertising or promotion of the Distributor must adhere to
the POWERPLUS FUELS advertising guidelines and logos and trademarks must adhere as
such and must be subject to prior written approval by POWERPLUS FUELS as to the
content. The Distributor must not make any unauthorized statements about the products.
H. The Distributor must not sell any other products which compete with POWERPL US FUELS
products, must not do anything to damage the interest or reputation of POWERPLUS FUELS
or its products and must comply with all laws and regulations.
I. The Distributor must only obtain supplies of products from POWERPLUS FUE LS and from
no other source.
J. POWERPLUS FUELS will use its best endeavours to make available stock of products to the
Distributor as may be ordered by the Distributor but it gives no warranty whatsoever that
such stock will be supplied when ordered or will be supplied at all and POWERPLUS FUELS
will not be liable to the Distributor for any delay or failure to supply such stock.
K. The trademarks , logo’s , copyright and all other intellectual property concerning the products
are always owned by POWERPLUS FUELS and can only be used with POWERP LUS
FUELS prior written approval.
L. While the Distributor is encouraged to find and sponsor other persons to become
POWERPLUS FUELS Distributors, such can only happen with the prior written permission of
POWER PLUS FUELS and, once any such person has been approved, then the Distributor
must assist that person in all practical ways to become competent and effective Distributor of
POWERPLUS FUELS products, as directed by POWERPLUS FUELS.
M. Risk in the products passes to the Distributor upon delivery of the products but title to the
products is retained by POWERPLUS FUELS until it receives payment in full for the products
from the Distributor.
N. Upon receiving and order, a Proforma Invoice will be sent to the Distributor, payment will be
made via Credit Card or Direct Debit to the PowerPlus bank account.
O. At its election, POWERPLUS FUELS must either replace or repair any defective product or
refund the price paid for the product, but it will not be obliged to do so if the defect has
happened by issues or mishandling of the product by the Distributor or the Distributor’s
customer.
P. POWERPLUS FUELS acknowledges that it is bound by all statutory warranties.
Q. The Distributor can terminate this Agreement at any time by sending a cancellation form to
POWERPLUS FUELS in accordance with POWERPLUS FUELS’s policies and procedures.
R. POWERPLUS FUELS may end this Agreement at any time and for any reason by written
notice to the Distributor and the Distributor will have no claim at all against POWERPLUS
FUELS.
 S. If the Distributor is a company, then it’s Director or Directors named on page 1 personally
guarantee the performance of their company, including all money owing from time to time to
POWERPLUS FUELS.
T. During this Agreement, both POWERPLUS FUELS and the Distributor must comply with the
GST Law and any liability to reimburse GST will continue after the termination of this
Agreement.
U. The Distributor cannot assign this Agreement to any other person unless with the prior written
permission of POWERPLUS FUELS.
V. This Agreement compromises the entire Agreement between POWERPLUS FUELS and the Distributor
and supersedes all prior agreements and communications between them.
W. The law of Victoria applies to this Agreement and the Courts of Victoria have jurisdiction to resolve
any disputes concerning this Agreement.

By signing below, I hereby agree of the abovementioned terms and conditions for the Distributor
Requirements.
Acknowledged by: Noted by:
Signature Over Printed Name Signature Over Printed Name
___________________ ________________________

Date: _____________ Date: _____________