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Exclusive Commercial Agency Agreement

[3] Another option is to agree to an exclusive agency leading to a relatively strong position of the commercial agent. An exclusive representative is a commercial agent to which a particular territory or group of clients is assigned provided that the client can act in the contractual territory only through the sales agent. The sales agent undertakes, for a period of two years from the termination of the contractual relationship, from any commercial activity in the territory of the contract, in the sense of: . Article 1, paragraph 1, of this treaty on products and services covered in paragraph 1, paragraph 3, for a competing company. [20] This obligation includes activities in worker-friendly relationships and unpaid activities (e.g. B as sales agents or dealers). The sales agent is also prohibited from acquiring a direct or indirect interest in a competing business during the time limit. [23] That is the legal provision. The reduction of these delays is not permitted, but an extension is permitted, but it cannot be shorter for the contracting entity than for the commercial agent.

[7] The collection power conferred on the commercial agent gives rise to a right to the collection commission, which may, however, be excluded. [19] Alternative: it must not acquire a direct or indirect stake in a competing company or support such a company by other means. It may not operate as a commercial agent on or outside its contractual territory for a company that manufactures or markets identical or equivalent products, even if they are only used items. Exceptions are subject to the written agreement of the adjudicatoring power. A final, but certainly not insignificant, aspect of the agency contract is the question of what right applies to the relationship between the agent and the client. The main rule is that the agency contract is governed by applicable law in the country where the agent is established or established. In the agency contract, the parties can agree that the contract is governed by another legal system. If the parties have not agreed on notice in the agency contract, the specific termination provisions covered by Article 7:437 of the Dutch Civil Code apply, i.e. at least 4 months, plus one month after 3 years or more and 2 months after 6 years or more. Presentation of the agreement to sell goods.

[10] In paragraph 87, paragraph 2 of the HGB, fees to the commercial agent`s commission are invoked for direct transactions by the client, but these may be excluded. If the sales agent does not provide an appropriate replacement, he must pay, during the interruption of the activity, the proven costs (salary, travel expenses, etc.) of a replacement made available by the client, up to 50% of the commission fees incurred during this period. However, this provision only applies for the period from the fifth week to the six-month expiration since the onset of the disease. At the end of a six-month period, it is necessary to enter into a new contract that takes due account of the situation at the time. “17.4 If the parties fail to reach an agreement on the review requested within the [possible time frames] a party may resort to the Article 25 dispute resolution procedure; the [court/arbitration] has the power to proceed with any review of this contract which it deems fair and equitable in the current circumstances, or to terminate this contract on a specified date and conditions.” An agency contract with early termination for an indeterminate or fixed period may be terminated by the agent and the client, within the agreed notice period.