Commercial Agency Agreement Definition

[2] The awarding of contractual territory to a commercial agent does not mean, unlike the granting of an exclusive agency, that the contracting entity can only make transactions in the contractual territory through the commercial agent. In accordance with Article 87, paragraph 2 HGB, direct transactions also establish rights to the commercial agent`s commission, but may be excluded (see commentary in paragraph 4, paragraph 1). There is no uniform legislation on agency agreements that has been agreed at the international level and therefore the parties must rely on national laws. Not only do these laws differ from country to country, but they do not take into account the international nature of the treaty. This fully revised edition takes into account the latest developments in agency laws, including Internet sales. For the first time, it also includes a USB stick that represents the text of the contract. The model not only offers flexible solutions for international agreements, but the USB stick makes it even easier to tailor the contract to your particular case. The agent is subject to a general duty of good faith in the exercise of his responsibilities and operations carried out on behalf of the client as part of an agency agreement. However, the representative`s obligation is not, in general, to repeal the specific conditions provided by the agreement between the parties. Under New York law, the officer owes the main tasks of loyalty, obedience and caring. Under these obligations, an agent cannot have a unit in a transaction that harms his client (e.g.B.

self-service or secret profits), the agent must obey all reasonable instructions from the client and the agent must execute his agency with appropriate diligence (including the obligation to inform the agent of all matters relating to the agent`s knowledge of the agency`s purpose). Facts. On July 13, 2012, a contract entitled “Commercial Representation” was signed for the commercialization of a food sterilization process. The contract provided, on the one hand, that the television broadcaster (Natprocess) had to meet a minimum selling price set by the manufacturer (FCD); on the other side is a (…) This list is not exhaustive. However, if the representative is responsible for one or more of the above risks or costs, the agreement between the representative and the client is not referred to as an agency agreement. The issue of risk should be assessed on a case-by-case basis and not on the basis of the economic reality of the situation and not on the legal form. For practical reasons, risk analysis can begin with the assessment of contract-specific risks. If the agent presents specific risks to the contract, it is sufficient to conclude that the agent is an independent distributor. On the contrary, if the representative does not take specific risks to the contract, it will be necessary to continue the analysis by assessing the risks associated with market-specific investments.

If the representative is not faced with contract-specific risks and risks related to market-specific facilities, it may be necessary to take into account the risks associated with other necessary activities in the same product market. © European Commission The need to qualify a treaty, supposedly as a trade agency, can arise in an international context, a situation which raises not only the question of the application of the qualification criteria, but also, perhaps more delicately, that of their identification.

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