Agency Agreement Hong Kong

Posted by: In: Ikke kategoriseret 08 apr 2021 Comments: 0

A single agency guarantees exclusively to the agent that the client can also enter the territory and carry out his activities in the market to sell the goods himself. An exclusive agency guarantees the full exclusivity of the agent with the exclusive right to sell the goods in the territory, with the exception of the client himself. The simple agency simply gives the agent the right to sell the goods in the territory with other agents and the client. To guarantee the specific obligations arising from the distribution agreement, the parties must: Commission: The right of a representative to the pre-departure commission depends on the terms of the agency contract. However, termination has no bearing on accrued rights. Therefore, the representative has the right to pay for the compensation that must be paid before the termination. However, the agent can only claim compensation for transactions concluded by the awarding entity at the end of the agreement if the agreement clearly provides for this. Despite their differences, trade and trade agreements may contain similar provisions, including the following clauses: Over the years of practice in Hong Kong, we have helped our clients` regional headquarters review their standard contracts (sales contracts and commercial agent agreements). The awarding entity should then verify whether the agency agreement has given the agent exclusive, exclusive or simple power as a representative of that territory.

When your distribution agency/agreement in Hong Kong remains silent on the choice of law and jurisdiction, the courts will generally take into account factors such as the place of execution of the agreement and the respective place of residence of the parties, in order to determine whether it is competent and, if so, what the applicable law is. Unlike the distribution agreement, the commercial agent agreement allows the supplier to retain control over its trade policy, particularly with regard to pricing and marketing methods. The sales agent, who is compensated by the payment of a commission, is not, unlike the distributor, the owner of the products sold and does not bear the risks associated with the goods (solvency, liability, etc.). 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. Before involving a trader, the client should ensure that he is prepared to give up control of the sale of his products in that territory, within the limits of the restrictions imposed on the distributor under the distribution agreement. If the agreement is silent, the Hong Kong courts, in general, will take into account factors such as the place of execution of the contract, the respective residences of the parties and even marginal issues such as language and currency used in contractual documents to determine whether it is competent and, if so, what the applicable law is.

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