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Commercial Agency Contract

Commercial Agency Contract
Pages: 12 + 3 (User Guide)
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Language: English
40,00 €

Model of contract specially developed for activities requiring a commercial agent to promote the sale of goods. The model is drafted in such a way that it may be easily adapted to the needs of each activity and type of commercial agent. In this contract, one party (the Principal) places the other, either an individual or a company (the Agent) in charge of controlling the promotion of sales as an independent intermediary without assuming liability for those transactions. The Intermediary receives payment exclusively through commission on transactions which are completed successfully, and in some cases certain costs –for example business trips or promotional activities– may be taken into account. In the most important considerations of the contract (exclusivity, objectives, amounts to be paid and calculation of commissions, information, rescission, damages, etc) there are alternatives of wording.

The contract also includes an optional clause on sales made through Internet to clients established in the Territory of the Agent.

The language of this contract is English. It is also available in Spanish, French and German.

This is a model of Commercial Agency Contract suitable for companies and/or professionals based in the same country. If the Principal and the Agent are based in different countries the International Commercial Agency Contract should be used.

Index of the Contract

1. Products and Territory
2. Functions of the Agent
3. Acceptance of Orders
4. Obligation to meet a minimum sales objective
5. Exclusivity
6. Sales Through The Internet
7. Commitment not to compete
8. Obligation to inform the Principal
9. Obligation to inform the Agent
10. Subagents
11. Prohibition of other Territories
12. Technical support
13. After-sales service and maintenance
14. Financial responsibility of the Agent
15. The Agent’s Commission
16. Calculating Commission
17. Reduced Commission

18. Margin of negotiation and discounts
19. Date of payment of commision
20. Transactions with entitlement to commission
21. Commission for transactions after completion of contract
22. Sales expenses and travel costs
23. Termination of contract
24. Compensation for termination
25. Term of contract
26. Return of samples and advertising material
27. Amendments
28. Granting of rights to third parties
29. Applicable law and competent jurisdiction