Sample Commercial Agency Contract
Sample Commercial Agency Contract
Sample Commercial Agency Contract
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COMMERCIAL AGENCY
AGREEMENT
Sample Commercial Agency Agreement
BETWEEN:
1. Appointment
Principal appoints Agent as its exclusive agent for the Products in the
Territory listed on the Schedule and undertakes that, for the duration of this
Agreement, Principal will neither sell nor market the Products in the
Territory other than through Agent and shall not appoint any other agent for
the Territory.
2.1 Agent shall devote its best efforts to marketing the Products and
servicing accounts which carry the Products in the Territory.
2.2 Agent shall neither market nor sell in the Territory any products
which compete with the Products.
2.3 Agent shall be given samples of the products and marketing literature
by Principal
2.4 Agent shall pass all orders for the Products to Principal who shall
deal with such orders promptly and ensure goods supplied are of
satisfactory quality.
3. Commission
3.1 Principal shall pay Agent a commission of the percentage set out on
the Schedule on all sales of the Products in the Territory, whether
such sale is generated by the Agent or not. Such commission shall
be on the invoiced (FOB/FCA) value, charged by Principal to
customers.
3.2 Commission shall be paid each month by the first week of the month
on sales invoiced by Principal in the preceding month. Whether a
customer subsequently defaults in payment of any invoice, where
Principal is not to blame for such default, then Principal may deduct
commission already paid for such sale from the next commission due
to Agent.
3.3 With each such monthly commission payment Principal shall send
Agent a full commission statement showing all sales of the Products
made to the Territory in the preceding month, sufficient to enable
Agent to check the commission due.
4.1 This Agreement is for an initial minimum period of two years and
shall continue after unless and until terminated by at least one year’s
written notice by one party to the other to expire on the third or any
subsequent anniversary of the date of this Agreement.
5. General
5.1 This Agreement is subject to Australian law and the parties agree to
submit to the jurisdiction of the Australian courts in respect of any
dispute.
SCHEDULE
SIGNATURES
Signed by ………………………………………………………………………………
For and on behalf of
(Principal)
Name …………………………………………………………………………………...
Address ………………………………………………………………………….……..
Occupation …………………………………………………………………………….
Signed by ………………………………………………………………………………
Name …………………………………………………………………………………...
Address ………………………………………………………………………….……..
Occupation …………………………………………………………………………….
Signed by ………………………………………………………………………………