Model Form of Exclusive Agreement with Agents Abroad
Published: June 2011
Hard copy languages: English, French, German, Spanish
The Exclusive Agreement with Agents Abroad Model is used when a supplier of products wishing to enter into or increase its sales on the market of another country chooses a company or person in the country concerned to find customers on his behalf. The company or person in the other country does not acquire the ownership of the products as a purchaser himself, but tries to find customers to enter into a sales contract with the supplier. Such cooperation is known in legal terms as “agency”. The model takes into account the EU directive on self-employed commercial agents.
This model offers an adequate text for most situations where parties aim at entering into an exclusive agency contract. Among the important questions dealt with in the model are the agent's right to represent the manufacturer, the agent's responsibility for payment by customers, restrictions on competition, calculation and payment of commission and the agent's rights at termination of the contract. It provides for appropriate variants, where EU law may or may not be applicable, and points out certain specific national rules, where necessary. The user of this model is guided by footnotes and should make his choice between the variants, as presented in the text. The publication can be used both within and outside the EU.
The Model Contract is sold in a package with the paper and digital version included.