This is general information and the actual role that your partner assumes also depends on the individual agreement you have with them, so it is important to confirm the details in a contract and not assume that they will take over all the activities that an agent or distributor in general can carry out. The most important issues that you should discuss with your potential agent and agree at a high level before entering into a legal agreement could be: 4. The company agrees with the agents that, during the continuation of this agreement, it will provide agents at its own expense with such a large amount of designs and drawings and manuals of technical brochures and promotional material in language , as it supports the promotion of the sale of products in the territory; If the company considers it necessary to send, at its own expense, a representative who visits representatives for product promotion; to do everything in its power to preserve the exclusive and exclusive rights that are vested in the agents, including taking the necessary measures to prevent other company representatives from violating these rights and to avoid infringement of their patent marks, which are held in the territory from models and other similar industrial or commercial property rights. What is the initial duration of the agreement? If you haven`t had a trial period yet, do it long enough to give the agent time to establish himself with your products and put them on the market, but no more. Include a provision that allows you to exceed the contract for another period – z.B. first 2 years, then from year to year until termination. 4 4 Agency contract with the American manufacturer – Appointment of an EMC as an exclusive salesman or export department for a particular territory: all foreign countries or in certain countries – Compensation: commission or salary, salary plus Komm. ” EMC`s Right to Appoint Overseas Agents and Distributors, EMC Minimum Required – Jurisdiction Clause – Compromise Clause – Contract Termination Clause may be payable in the event of termination – even in some countries if the agent has developed badly – not exercising your rights under such a clause until you have assessed the likely effects – and you are seeking legal advice. All previous agreements and agreements, if any, between the company and the representatives are hereafter denounced, without prejudice to the rights that have already been conferred on one of the parties in this agreement.
An agent or distribution contract is a legal document, even if it is a verbal agreement. Austrade recommends that you document the agreement in a written contract and get advice from a legal expert with international contractual experience prior to signing. 2. This agreement is considered to have commenced the agreement and applies for a period of — years from that date and then from one year to the next, subject to the provisions relating to the provision below. f. Unless shown below, agents pay or allow, in return for their services provided to the company, a commission equal to the price of the calculated products (e.g.b to be paid.