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Agreement Between Buyer And Commission Agent

Agreement Between Buyer And Commission Agent Template for Germany

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Key Requirements PROMPT example:

Agreement Between Buyer And Commission Agent

"I need an Agreement Between Buyer And Commission Agent under German law for our industrial equipment trading business, where the commission agent will help us source manufacturing equipment from European suppliers, with a del credere provision and exclusive rights in the DACH region, starting March 2025."

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Document background
The Agreement Between Buyer And Commission Agent is essential for businesses operating in Germany that utilize intermediaries for commercial transactions. This document is specifically designed to comply with German commercial law, particularly the Handelsgesetzbuch (HGB) provisions regarding commission business (Kommissionsgeschäft). It is typically used when a buyer wishes to engage a commission agent to conduct transactions on their behalf, whether for purchasing goods, securities, or other commercial assets. The agreement includes crucial elements such as commission structures, transaction procedures, reporting requirements, and risk allocation, while ensuring compliance with German legal requirements for commercial agency relationships. This document type is particularly important for international trade and domestic commercial transactions where the buyer seeks to leverage the expertise and market access of a commission agent while maintaining clear legal frameworks for the relationship.
Suggested Sections

1. Parties: Identification of the buyer and the commission agent, including full legal names, registration details, and addresses

2. Background: Context of the agreement and brief description of the parties' intentions

3. Definitions: Definitions of key terms used throughout the agreement

4. Appointment and Scope: Formal appointment of the commission agent and definition of the scope of authority

5. Commission Agent's Duties: Detailed description of the commission agent's obligations, including duty of care, compliance with instructions, and reporting requirements

6. Buyer's Obligations: Obligations of the buyer, including provision of information and cooperation

7. Commission and Payment Terms: Structure and calculation of commission, payment terms, and expenses

8. Transaction Process: Process for executing transactions, including approvals and documentation requirements

9. Reporting and Accounting: Requirements for financial reporting, account maintenance, and reconciliation

10. Confidentiality: Obligations regarding confidential information and trade secrets

11. Term and Termination: Duration of the agreement and circumstances for termination

12. Liability and Indemnification: Allocation of risks and responsibilities between parties

13. General Provisions: Standard legal provisions including notices, amendments, and governing law

14. Execution: Signature blocks and execution formalities

Optional Sections

1. Del Credere Provisions: Additional provisions where the commission agent guarantees the performance of third parties

2. Exclusivity: Terms regarding exclusive rights of the commission agent in specified territories or markets

3. Insurance: Requirements for insurance coverage, used when dealing with high-value transactions

4. Compliance with Specific Regulations: Additional compliance requirements for regulated industries or specific market segments

5. Sub-agents: Terms governing the appointment and management of sub-agents, if permitted

6. Data Protection: Specific GDPR compliance provisions when personal data processing is involved

7. Force Majeure: Provisions for unforeseen circumstances affecting performance

8. Non-Competition: Restrictions on competitive activities, if applicable to the business relationship

Suggested Schedules

1. Commission Rate Schedule: Detailed breakdown of commission rates for different types of transactions

2. Approved Products/Services: List of products or services covered by the agreement

3. Territory Definition: Detailed description of geographical areas or markets covered

4. Operating Procedures: Detailed procedures for day-to-day operations and transaction handling

5. Reporting Templates: Standard forms and templates for required reports

6. Authorized Representatives: List of authorized representatives and their contact details

7. Service Level Requirements: Specific performance metrics and service level expectations

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions








































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Relevant Industries

Wholesale Trade

Manufacturing

Import/Export

Financial Services

Real Estate

Commodities Trading

Industrial Equipment

Consumer Goods

Automotive

Agricultural Products

Chemical Industry

Textile Industry

Technology and Electronics

Relevant Teams

Legal

Procurement

Commercial Operations

Compliance

Risk Management

International Trade

Contract Administration

Finance

Business Development

Vendor Management

Relevant Roles

Commercial Director

Procurement Manager

Sales Director

Legal Counsel

Compliance Officer

Contract Manager

Business Development Manager

Import/Export Manager

Trading Manager

Commercial Operations Manager

Chief Commercial Officer

Purchasing Director

Agency Relations Manager

Risk Manager

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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