This Standard Agency Agreement is designed for use in New Zealand business contexts where one party (the principal) wishes to appoint another party (the agent) to act on their behalf in business matters. The agreement is particularly relevant for businesses expanding their market reach through agents, distributors, or representatives. It includes essential provisions required under New Zealand law, including compliance with the Contract and Commercial Law Act 2017 and Fair Trading Act 1986. The document covers crucial aspects such as scope of authority, territory rights, commission structures, performance expectations, and termination rights. This Standard Agency Agreement is suitable for various commercial arrangements, from simple agency relationships to complex distribution networks, and can be customized to accommodate specific industry requirements while maintaining legal compliance.
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1. Parties: Identifies and provides full legal details of the Principal and the Agent
2. Background: Sets out the context of the agreement and the parties' intentions
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules
4. Appointment and Scope: Establishes the agent's appointment, territory, and scope of authority
5. Term and Termination: Specifies the duration of the agreement and circumstances for termination
6. Agent's Duties and Obligations: Details the responsibilities and obligations of the agent
7. Principal's Duties and Obligations: Outlines the responsibilities and obligations of the principal
8. Remuneration and Expenses: Specifies commission rates, payment terms, and reimbursable expenses
9. Intellectual Property: Addresses ownership and usage rights of relevant intellectual property
10. Confidentiality: Defines confidential information and obligations regarding its protection
11. Liability and Indemnity: Sets out the liability framework and indemnification obligations
12. General Provisions: Contains standard boilerplate clauses including notices, governing law, and dispute resolution
1. Sub-Agents: Include when the agent may need to appoint sub-agents
2. Non-Competition: Include when restricting the agent from competing activities
3. Performance Targets: Include when specific performance metrics need to be met
4. Insurance: Include when specific insurance requirements are needed
5. Data Protection: Include when personal data processing is involved
6. Marketing and Promotion: Include when the agent has specific marketing responsibilities
7. Training and Support: Include when the principal provides specific training or support
8. Stock and Inventory: Include for agreements involving physical goods
1. Schedule 1 - Territory: Defines the geographical area or market segment covered by the agency
2. Schedule 2 - Commission Structure: Details the commission rates, calculation methods, and payment terms
3. Schedule 3 - Products or Services: Lists and describes the products or services covered by the agency
4. Schedule 4 - Reporting Requirements: Specifies the format and frequency of required reports
5. Schedule 5 - Performance Criteria: Details any performance targets and measurement methods
6. Appendix A - Power of Attorney: If required, formal delegation of authority to the agent
7. Appendix B - Standard Operating Procedures: Details specific procedures the agent must follow
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Manufacturing
Retail
Distribution
Import/Export
Professional Services
Technology
Financial Services
Insurance
Automotive
Consumer Goods
Agriculture
Construction
Telecommunications
Relevant Teams
Legal
Sales
Commercial
Business Development
Operations
Compliance
Risk Management
Contract Administration
Distribution
Channel Management
Regional Management
Corporate Affairs
Business Operations
Relevant Roles
Chief Executive Officer
Commercial Director
Sales Director
Business Development Manager
Legal Counsel
Contracts Manager
Sales Manager
Distribution Manager
Channel Manager
Operations Manager
Compliance Officer
Risk Manager
Commercial Manager
Agency Relations Manager
Regional Sales Manager
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