Draft Commercial Agency Agreement

9:54 pm Uncategorized

No ancillary agreements have been concluded under this contract. The amendments necessary for their validity shall be those signed by both Contracting Parties. This request for a trainer may only be abandoned by written agreement. [2] Unlike the assignment of a single representation, the allocation of a contractual territory to a commercial representative does not mean that the contracting entity can only conclude transactions in the territory of the contract through the commercial agent. In accordance with Article 87(2) of the Criminal Code, direct transactions also create rights to the commission of the commercial agent, but they may be excluded (see note to Article 4(1)). [19] Alternative: it cannot acquire a direct or indirect stake in a competing undertaking or support another undertaking. He may not exercise, within or outside his territory, the role of commercial agent for an enterprise that manufactures or markets the same or equivalent products, even if they are only used objects. Exceptions shall be subject to the written agreement of the procuring entity. Where the contracting authority and the agent have not chosen an applicable law and the commercial agent executes the Agency in the Netherlands, the Dutch courts generally tend to apply Dutch law. Dutch courts also tend not to apply a right chosen by the representative and the contracting authority if this law has no real connection with the relations between the parties – the parties or this commercial agent contract. The commission rates and the calculation bases for the calculation of the commission referred to in the preceding paragraphs may only be modified by contract.

[22] From the point of view of the contracting authority, the following addition could be as follows: “For compensation with other professional activities, the provisions relating to the non-competition of industrial workers apply mutatis mutandis (Article 74c of the GCC)”. Both the wording chosen in the text and the alternative can only be incorporated in a legally binding manner if both contracting parties are traders within the meaning of ยง 1, paragraphs 1 and 2, of the Criminal Code. Where one of the parties is not a trader, the forum shall be established in accordance with the Code of Civil Procedure; divergent agreements on jurisdictions are then ineffective. [1] The standard contract is suitable for the full-time commercial agent for the goods (not for insurance agents); with regard to representatives of part-time workers, the law lays down special provisions, Article 92b of the Criminal Code (shorter periods of notice; no right to compensation under Article 89 b of the Criminal Code, derogation from the obligation to make advance payments under Article 87 bis(1) of the Criminal Code). For these legal consequences to be implemented, the commercial agent must be expressly instructed to negotiate or conclude transactions as a “part-time commercial agent” (Article 92b(2) of the Criminal Code). However, representation must actually be carried out as an ancillary activity.

Comments are closed.