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Agreement Between Buyer And Commission Agent for Philippines

Agreement Between Buyer And Commission Agent Template for Philippines

This agreement, governed by Philippine law, establishes the legal relationship between a buyer and a commission agent, outlining the terms under which the agent will facilitate transactions on behalf of the buyer. The document comprehensively covers commission structures, agent responsibilities, transaction procedures, and reporting requirements while ensuring compliance with Philippine commercial laws, including the Civil Code and Code of Commerce. It includes provisions for both parties' obligations, payment terms, liability limitations, and dispute resolution mechanisms, specifically tailored to the Philippine legal context.

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What is a Agreement Between Buyer And Commission Agent?

The Agreement Between Buyer And Commission Agent is a crucial document for businesses operating in the Philippines that utilize commission-based intermediaries for their commercial transactions. This agreement type is commonly used when a buyer wishes to engage an agent to facilitate purchases, negotiate terms, or represent their interests in commercial transactions on a commission basis. The document is structured to comply with Philippine legal requirements, particularly the Civil Code of the Philippines and the Code of Commerce, which govern agency relationships and commercial transactions. It's essential for establishing clear terms regarding commission rates, scope of authority, reporting requirements, and payment terms, while providing adequate protection for both parties' interests. The agreement is particularly relevant in industries where local market knowledge and established networks are valuable, such as import/export, real estate, and commodity trading.

What sections should be included in a Agreement Between Buyer And Commission Agent?

1. Parties: Identification of the Buyer and the Commission Agent with their complete legal names and addresses

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

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

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

5. Duration and Termination: Term of the agreement and conditions for termination

6. Commission Agent's Rights and Obligations: Detailed responsibilities and rights of the commission agent

7. Buyer's Rights and Obligations: Detailed responsibilities and rights of the buyer

8. Commission Structure: Details of commission rates, calculation methods, and payment terms

9. Payment Terms: Terms and conditions for payment of commission and other financial arrangements

10. Reporting Requirements: Requirements for regular reporting and documentation of transactions

11. Confidentiality: Provisions for handling confidential information

12. Limitation of Liability: Extent and limitations of each party's liability

13. Governing Law and Jurisdiction: Specification of Philippine law as governing law and jurisdiction for disputes

14. General Provisions: Standard boilerplate clauses including entire agreement, amendments, and notices

What sections are optional to include in a Agreement Between Buyer And Commission Agent?

1. Non-Compete: Restrictions on the agent's ability to work with competitors, used when dealing with sensitive markets or products

2. Intellectual Property: Protection of intellectual property rights, needed when the agent will handle branded products or proprietary information

3. Insurance: Requirements for insurance coverage, particularly relevant for high-value transactions or regulated industries

4. Force Majeure: Provisions for unforeseen circumstances, particularly important in long-term agreements

5. Anti-Corruption Compliance: Specific provisions for compliance with anti-corruption laws, important for international transactions

6. Data Protection: Provisions for handling personal data, required when dealing with consumer information

7. Training and Support: Details of training and support provided to the agent, useful for complex products or services

What schedules should be included in a Agreement Between Buyer And Commission Agent?

1. Schedule A - Commission Rates: Detailed breakdown of commission rates for different products or services

2. Schedule B - Territory: Definition of geographical area or market segment where the agent is authorized to operate

3. Schedule C - Products/Services: Detailed list of products or services covered by the agreement

4. Schedule D - Reporting Templates: Standard formats for regular reports and documentation

5. Schedule E - Performance Metrics: Specific performance targets and evaluation criteria

6. Appendix 1 - Standard Operating Procedures: Detailed procedures for day-to-day operations and transactions

7. Appendix 2 - Compliance Requirements: Specific regulatory and compliance requirements applicable to the agency relationship

Authors

Alex Denne

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

Jurisdiction

Philippines

Publisher

Ƶ

Cost

Free to use
Relevant legal definitions












































Clauses







































Relevant Industries

Retail

Real Estate

Import/Export

Manufacturing

Agriculture

Consumer Goods

Industrial Products

Commodities Trading

Textiles

Electronics

Automotive

Construction Materials

Food and Beverage

Pharmaceuticals

Relevant Teams

Legal

Procurement

Commercial

Sales

Operations

Supply Chain

Risk and Compliance

Finance

Business Development

International Trade

Relevant Roles

Procurement Manager

Commercial Director

Sales Director

Business Development Manager

Contract Manager

Legal Counsel

Chief Commercial Officer

Purchasing Officer

Supply Chain Manager

Operations Manager

Regional Sales Manager

Import/Export Manager

Trading Manager

Compliance Officer

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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