– If the entrepreneur assigns his rights and obligations under this contract to another person with the consent of the customer. the transmission by the Agent (articles 3.4 and 3.5), the information that the Customer must transmit to the Agent, such as. B minimum orders in total, any change in the range of products or services, price, etc. (Articles 3.3, 3.7), minimum orders (Article 4), advertising, fairs and exhibitions (Article 5), Internet sales (Article 6), non-competition obligation (Article 7), trademarks and property rights (Article 9), Exclusivity (Article 10), commissions (Articles 11 and 12), consequences of termination (Articles 14 and 15) and allocation and appointment of sub-agents (Article 19). [Option (direct sales by Principal): ”However, Principal reserves the right [Option (no direct sales commission): ”However, Agent shall not be entitled to commissions for direct sales of the Product(s) (or Service(s) that Principal performs in the Territory for the duration of this Agreement.”] [Option: 7.4 The Agent will inform the Customer of any existing agreement binding the Agent with respect to all other products (or services), whether as a manufacturer, agent, agent or retailer, and will then keep the Customer informed of such activities. With respect to this obligation, the Contractor declares that at the time of signing this Agreement, it represents (and/or manufactures, distributes, sells directly or indirectly) the goods (or services) listed in Annex 3. The performance of this activity by the Contractor shall in no way affect the performance of its obligations to the Contracting Authority under this Contract. [Option 11.2 (Post-Contractual Sales Commission): ”The Contractor is also entitled to commissions for sales made on the basis of offers/orders submitted or received from 14.3.2 In exceptional circumstances beyond the control of the parties and making it impossible to continue this Contract; 24.1 This Agreement requires that the following approvals be obtained in advance [Provide approval or other required conditions, . B, for example, a government or regulatory authority]. [Variant (limited time): ”14.1 This Agreement will enter into force on the date of its signature (or on the day of the last signature if it is signed by the parties at different times) and will terminate on [specify date].” 14.1 This Agreement shall enter into force on the day of its signature (or on the day of the last signature if it is signed by the Parties at different times) and shall last indefinitely.
Either party may terminate this Agreement at any time with written notice [specify paragraph] to the other party. [Note: The parties may wish to extend the terms of the non-competition clause after termination of the contract. In this case, the Contracting Parties would have to comply with the mandatory provisions of EC Directive 18. December 1986 and other legal systems that may limit the validity of such a clause and allow the tribunal to reduce the obligations of Contracting Parties.] 23.3 In the event of a prior request by the other party or upon termination of this Agreement, each party shall return to the other any document or record on a medium or format containing Confidential Information in its possession or control and shall not retain any copies thereof. At the time of entering into this Agreement, the Agent represents (manufactures, distributes or sells) the following products (or services): 8.1 The Agent may not request orders (or negotiate and enter into contracts) outside the Territory [delete, if applicable], unless the Customer has expressly consented thereto. 14.6 Upon termination of this contract, the Contractor shall return free of charge to the Customer the advertising material and other documents provided to the Contractor as well as the products and samples still in its possession. 17.2.2 Events are beyond the control of the person concerned; and 17.2.3 The risk of events is not a risk that the data subject must bear under this contract. 15.1 At the end of this Agreement, the Agent shall be entitled to a termination fee equal to the commissions of one or two years [specify] based on the average annual commissions paid to the Agent during the preceding 3 years.
17.1 If the performance of this Agreement becomes more onerous for either party, but that party is required to perform its obligations subject to the following provisions on change of circumstances (difficulties). 15.1.1 In order to receive this termination indemnity, the Contractor must inform the Client in writing that it is ready to receive it within one year from the end of the Contract. Otherwise, the agent loses his right to receive the termination indemnity. Customer after termination of this Agreement, provided that Contractor notifies Customer [Option: 7.5 This obligation will remain in effect for a period of two [other figures] years after termination of this Agreement.]] 21.1 This Agreement sets forth the entire agreement between the parties. Neither party has entered into this Agreement based on any representation, warranty or obligation of the other party that is not expressly set forth or referred to in this Agreement. This article does not exclude any liability in the event of fraudulent misrepresentation. [option, add, if necessary, the following: ”This Contract supersedes any prior agreement or understanding with respect to its subject matter.”] 19.1 This Agreement is personal to the parties and [does not include either party without the prior written consent of the other party, except to the extent necessary for the collection of unpaid invoices by a factoring agent]] without the prior written consent of the other party: 2.2 The Agent will import (or service(s)) (or service(s)) and remove the sale of such products (or services) in the territory (and in the advertising channels) [delete if not relevant] in accordance with the terms agreed in this contract. The Contractor is not authorized to enter into contracts on behalf of the Client or to bind the Client in any way, but it forwards any offer received to the Client. 3.2 The Customer shall reimburse the Contractor in particular in accordance with the commission and the terms of payment provided for in this contract.
14.4.2 The application of any provision of this Agreement that survives the expiration of this Agreement. Obligations or due to the age, infirmity or illness of the contractor that make the continuation of this contract impossible. 3.6 Unjustified rejection of offers/orders by the customer is considered a breach of contract by the customer. The Customer grants exclusivity to the Contractor, which means that it undertakes not to appoint other representatives in the territory (and in the advertising channels) for the duration of this contract. 14.4 Termination of this Agreement for any reason shall not affect: 16.4 If the performance of any of its obligations under this Agreement by either party is prevented or delayed by force majeure for an uninterrupted period of more than three [other figures] months, the other party shall have the right to terminate this Agreement by giving written notice to the party affected by the force majeure. [Specify national law] to the contract. Regardless of the form that the export contract takes, you should be careful when formulating this document, as it is created between companies from countries that may have very different legal systems, regulations and attitudes towards business. These differences can also lead to disputes when trading with other fairly developed countries.
The challenge is to make your export contracts as clear, concise and comprehensive as possible. 20.1 Any notice under this Agreement must be in writing (including by email) and may be sent by leaving or sending to the other party`s address in accordance with section 20.2 below in a manner that ensures receipt of the notice can be demonstrated. Channels) [delete if irrelevant] in accordance with the terms agreed in this Agreement. The following products (or services) are advertised by the Agent under this Agreement: [Describe Products/Services] In order to provide common terminology for international shipping and to minimize misunderstandings about contractual terms, the International Chamber of Commerce has developed a set of terms known as Incoterms. These are the basic terms used in international sales contracts that describe the liability of the seller and the buyer (transfer of risk from the buyer to the seller). It is for the importer to know the effects of the terms used in a particular contract (FOB, CIF, etc.) 17.2.1 The events could not reasonably have been taken into account by the party concerned at the time of the conclusion of this contract; If any provision of this Agreement is held to be invalid or unenforceable by a court or other competent authority, in whole or in part, this Agreement shall remain in full force and effect with respect to its other provision and the remainder of the relevant provision, unless it can be inferred from the circumstances that, in the absence of such provision, the parties would not have concluded this Agreement. .