International Commercial Agency Agreement
Commercial agency agreements are the simplest and probably the most frequently used means for organizing the distribution of goods in a foreign country. Almost every company engaged in international trade has some agents abroad, which means that most exporters (whether large or small) must face the problem of drafting an international agency agreement.
In the International Agency Agreement, one party asks another party, either a person or a company to carry out the promotion of international trade transactions for a continuous period of time as an independent agent without assuming liability for those transactions. The agent receives payment exclusively through commission on transactions which are completed successfully, and in some cases, certain costs may be taken into account, for example, trips expenses or promotional activity.
To ensure an agreement that best suits your needs, we have listed a number of options for you to choose from according to who drafts the contract (Company or Agent), for certain specific aspects of the agreement (exclusivity, objectives, amounts to be paid and calculation of commissions, information, rescission, damages, etc.).
The contract also includes an optional clause on sales made through the Internet to clients established in the Territory of the Agent.
This model agreement has been based on the assumption that it should be governed not by a specific national law, but only by the clauses of the agreement itself and the principles of law, generally recognized in international trade as applicable to commercial agency agreements. Additionally, it complies with the UNIDROIT Principles of International Commercial Contracts and refers to European Commission Directive 86/653 about agency agreements.The language of this contract is English. It is also available in Spanish, French, German, Italian and Portuguese.
Index of the contract