International Commercial

Agency Contract


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Model of contract specially developed for activities requiring a mercantile agent to promote the sale of goods in foreign markets. In contrast with the Sales Representation Contract, in the Mercantile Agent Contract , both parties, company and agent, are located in different countries; that is to say, the agent carries out his activity in the foreign market where the company tries to gain clients. The model is laid out in such a way that it may be easily adapted to the needs of each activity and type of agent.

In this contract, one party (the “Principal”) asks other party, for example a person or a company (the “Agent”) to carry out the promotion of the international trade transactions for a continuous period of time, as an independent intermediary without assuming liability for those transactions. The Intermediary receives payment exclusively through commission on transactions which are completed successfully, and in some cases certain costs – for example business trips or promotional activities – may be taken into account.

In the most important considerations of the contract (exclusivity, objectives, amounts to be paid and calculation of commissions, information, rescission, damages, etc) there are alternatives of wording to choose the most advisable, depending on who makes the contract (the Principal or the Agent).

The contract has been drawn according to repaviling commercial practices about agency contracts recognized in local laws. Besides, it complies with the UNIDROIT Principle of International Commercial Contracts and refers to European Commission Directive 86/653 about agency contracts.