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Secrets of International Trading

How to Draft
an
Agency Agreement?

 

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"Working knowledge of a contract is essential. You could find yourself in legal hot water that even the best attorneys can't get you out..."

"in business law an offer once accepted by the buyer, an export contract comes into being"

When the export contract is made quickly and informally, some of the conditions are either assumed or clarified later which, of course, may lead to dispute and misunderstanding.

One way to avoid misunderstanding is to agree to use what are called General Standard Conditions.

These are standardized contract terms that permit the parties to refer to a pre-established set of rules that can be incorporated into their contract.

Incoterms is one particular kind of General Standard Conditions if the exporter and buyer agree on an F.O.B. price - it has a clear defined INCOTERMS 2000 meaning and is legally binding.  International Commercial Terms 

Exporter Responsibilities
# The Company agrees to keep the sales representative advised of new prospects, sales plan and objectives for its market.

# To provide the representative with informative and advisory materials about the business practices to be followed.

# To support the representative with printed commercial and technical data and information and to pay compensation as specified.

  Click here to start on page 1

How to Draft an Agency Agreement?
Appointment, Territory,
Term and Scope

Importer Responsibilities
Exporter Responsibilities

Compensation
Relationship of Parties

Expiration or Termination

Obligations on Expiration/Termination
Private Information

Trademarks & Trade Names
Limitation of Liability
Failure to Enforce, Notices
Executions and Modifications
 

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Vladimir M. Algin
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Business Talk France
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75008 Paris

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