The termination of a commercial agency contract under Dutch law can take place immediately if there is an urgent reason. However, if the Dutch court finds that there was no urgent reason to do so, the teacher could be entitled to pay damages. No ancillary agreements have been reached under this contract. The amendments are only valid if they have been signed in writing and by both contracting parties. This requirement of the form can only be abandoned by a written agreement. We can discuss the proposed relationship and if you need it, we can tell you which agreement (agency or distribution) is best suited. We will discuss with you the nature of the proposed relationship and develop or negotiate an agreement that will define what is expected of each party, taking into account, among other things, the above factors. Both the text chosen in the text and the alternative can only be introduced in a legally binding manner if the two contracting parties are traders within the meaning of paragraphs 1 and 2 of the HGB. If one of the parties is not a merchant, the competent court is subject to the Code of Civil Procedure; The diverging agreements on the places of jurisdiction are then null and void. [16] Depending on the configuration and interests, other provisions may be developed. The Company and the Agent want to enter into an agreement under which the agent will market and sell the product on the terms and conditions. An indeterminate agreement on commercial agencies usually has a termination agreement.
In most cases, these termination provisions provide for notice. Under Dutch trade agency law, the minimum termination period varies between one and three months depending on the length of the agency contract. Many companies use agents to introduce new customers or enter into contracts. We can develop an agency or distribution agreement to manage this relationship. European law aims to regulate the law of trade agents throughout Europe. The 1993 trade agents transposed EU law into UK law and have certain rights for trade agents. These include the right to a written agreement governing the relationship between the client and the agent. A sales agent also has the right to collect commissions for his services and, if no commission is stipulated in the agency agreement, they are entitled to a “reasonable commission. Minimum termination times must be indicated by a client and the duration of the termination depends on the length of the relationship between the parties. The most important thing is that the legislation grants commercial agents the right to obtain payment at the end of the agency agreement, either on the basis of “compensation” or “compensation”. Each gives the commercial agent the right to pay on a different basis.
In order for the compensation option (which is generally preferable to a capped principle), it is necessary to expressly state it in the agency contract. The compensation option automatically applies if the compensation option is not accepted. Caution should be exercised in the development or negotiation of an agency contract to which the 1993 commercial agent regulations apply, as termination of the agency agreement could be very costly for a client. [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. Agency contracts are subject to the duty of principle of adequacy and good faith, which applies throughout Dutch contract law. As a general rule, EU competition rules do not apply to agency agreements, provided that the agent does not bear the financial risks associated with entering into agreements in accordance with the agency agreement. The nullity of a provision of this contract does not result in the nullity of the entire contract.