Agency Contract China (English-Chinese)

Description

Model of Agency Contract in two languages (English-Chinese), which is used when a Company appoints an Agent to promote and sell its products in China. It includes the following clauses, inter alia: minimum sales target, exclusivity, commissions, protection of intellectual property rights, compensation in the event of cancellation of contract and resolution of conflicts.

The contract is adapted to the uses and commercial practices of the Chinese market and Chinese contract law (People's Republic of China Contract Law). Together with the contract, we provide a guide in English on Negotiating Contracts in China.

 

This contract must only be used when there is a continuous relationship between the company and its Agent in China. If dealing with sporadic operations in which Chinese professionals with contacts in certain sectors or areas of China are used as intermediaries, then it is preferable to use the Commission Contract.

Index of the Contract

Parties Clauses ----------------- 1. Products and Territory 2. Functions of the Agent 3. Acceptance of Orders 4. Obligation to meet a minimum sales objective 5. Exclusivity 6. Commitment not to compete 7. Obligation to inform the Principal 8. Obligation to inform the Agent 9. Confidentiality 10. Subagents

11. Prohibition of other Territories 12. Trade Marks, Brand names, logos and other Intellectual Property Rights 13. Technical support 14. After-sales service and maintenance 15.  Financial responsibility of the Agent 16. The Agent’s Commission 17. Calculating commission 18. Currency of commission payment 19. Exchange rate applicable to commission 20. Date of payment of commission

21. Transactions with entitlement to commission 22. Reduced commissions 23. Commission for transactions after completion of contract 24. Margin of negotiation and discounts 25. Direct payments to the Agent 26. Sales expenses and travel costs 27. Termination of contract 28. Compensation for termination 29. Term of contract 30. Return of samples and advertising material

31. Amendments 32. Granting of rights to third parties 33. Law and jurisdiction 34. Language ------------------ Signatures Schedules