Paragraph 2.1 defines the representative`s obligations under fairly standardized conditions. Among other things, paragraph 2.1.12 assumes that the agent will approve a minimum volume of orders set out in Appendix C. In accordance with paragraph 2.1.12, non-compliance with the minimum requirement means that the manufacturer may choose to terminate the representative`s exclusive rights or even terminate the contract; and, in this regard, redundant parentheses and square language should be abolished. This exclusive trade agreement is intended to be used between a product manufacturer („manufacturer“) and an independent sales agent („representative“). It can be signed either by a single sales agent or by a company or other entity. If one of the manufacturer`s objectives is to avoid a relationship between the employer and the employee with a sales agent who is an individual, it may be advantageous, from a planning point of view, for the salesperson to create a limited liability company or company that, as a representative, enters into this agreement. It is suitable for a contractor who manufactures goods and who wishes to appoint a representative for the sale of these products exclusively in a specific territory. This nine-page document contains 12… Paragraph 1.1 contains the basic terms of the exclusive appointment. Products and territory should be defined in Exhibits A and .B. Note that, although the basic order is carried out exclusively, paragraphs 1.2 and 1.3 contain certain usual limits for the agent`s promotion rights and that these must be verified in accordance with the terms agreed upon by the parties. Some of the guarantees described above may exclude any changes to the product list in accordance with paragraph 1.3. When preparing an agreement to represent distributors for use in the United States, it is important to consider the effects of applicable national law.
The states of Alabama, Arizona, Arkansas, California, Colorado, Florida, Georgia, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nebraska, New Hampshire, New Jersey, New York, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, Tennessee, Texas, Virginia, Washington and Wisconsin have laws specifically aimed at protecting. These statutes protect local sales agents with respect to some or all of the following issues: under this form, the manufacturer retains the agent exclusively to promote and request orders for certain designated products (listed in Appendix A) in a given area (Schedule B). This convention and the interpretation of its terms are governed by state laws and are subject to the exclusive jurisdiction of the federal and regional courts of [County], [state].