Commercial Agency Agreement Template for Austria

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Key Requirements PROMPT example:

Commercial Agency Agreement

"I need a Commercial Agency Agreement for appointing an exclusive agent to sell our industrial machinery in Austria and Germany, with quarterly performance targets and a minimum sales requirement of €2M for 2025."

Document background
A Commercial Agency Agreement is essential when a business (principal) wishes to engage an independent commercial agent to promote and sell its products or services in Austria or other specified territories. This document, governed by Austrian law, establishes the framework for this relationship, detailing the agent's authority, commission structure, and both parties' rights and obligations. It must comply with the Austrian Commercial Agents Act (Handelsvertretergesetz) and EU regulations, which provide significant protective measures for commercial agents. The agreement is particularly important as it helps prevent future disputes by clearly defining the scope of the agency relationship, territory, commission calculations, and termination provisions. It's crucial for businesses expanding their sales reach through external agents while maintaining control over their commercial relationships.
Suggested Sections

1. Parties: Identification of the Principal and the Commercial Agent, including full legal names, registration details, and addresses

2. Background: Context of the agreement, brief description of the parties' businesses, and their intention to enter into a commercial agency relationship

3. Definitions: Definitions of key terms used throughout the agreement, including Products, Territory, Customers, etc.

4. Appointment and Scope: Terms of agent's appointment, exclusivity/non-exclusivity, and territorial scope

5. Agent's Rights and Obligations: Detailed description of agent's duties, responsibilities, and authority limits

6. Principal's Rights and Obligations: Principal's commitments, support obligations, and information provision requirements

7. Commission Structure: Detailed commission calculations, payment terms, and conditions for commission entitlement

8. Reporting and Accounting: Requirements for sales reporting, commission statements, and record-keeping

9. Intellectual Property: Usage rights and restrictions regarding principal's trademarks, logos, and other IP

10. Confidentiality: Obligations regarding confidential information protection

11. Term and Termination: Duration of agreement, notice periods, and grounds for termination

12. Post-Termination: Obligations after termination, including compensation claims and return of materials

13. General Provisions: Standard clauses including notices, amendments, governing law, and jurisdiction

Optional Sections

1. Minimum Performance Requirements: Used when specific sales targets or performance metrics are required

2. Sub-Agents: Include when the agent is permitted to appoint sub-agents

3. Non-Compete: Post-termination restrictions on agent's activities, subject to Austrian law limitations

4. Marketing and Promotion: Include when agent has specific marketing responsibilities

5. Training Requirements: Used when specific training obligations exist for either party

6. Insurance: Include when specific insurance requirements are needed

7. Data Protection: Detailed GDPR compliance provisions when personal data processing is involved

8. Force Majeure: Include when specific force majeure provisions beyond standard law are needed

9. Customer Service Standards: Include when specific customer service levels are required

Suggested Schedules

1. Schedule 1 - Products: Detailed list of products/services covered by the agency agreement

2. Schedule 2 - Territory: Detailed description of geographical territory and any excluded areas

3. Schedule 3 - Commission Rates: Detailed commission structure, including any variations by product or customer type

4. Schedule 4 - Reporting Templates: Standard forms for sales reports and commission calculations

5. Schedule 5 - Principal's Trademarks: List of trademarks and usage guidelines

6. Appendix A - Customer List: List of existing customers and any special arrangements

7. Appendix B - Sales Targets: Detailed performance targets if applicable

8. Appendix C - Operating Procedures: Detailed operational procedures and requirements

Authors

Alex Denne

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

Relevant legal definitions
Clauses
Relevant Industries

Manufacturing

Wholesale Trade

Retail

Technology

Software

Industrial Equipment

Consumer Goods

Pharmaceuticals

Automotive

Fashion and Apparel

Electronics

Construction Materials

Medical Devices

Agricultural Products

Financial Services

Relevant Teams

Legal

Sales

Commercial

Business Development

Compliance

Operations

Finance

International Trade

Contract Administration

Channel Management

Relevant Roles

Sales Director

Commercial Director

Business Development Manager

Legal Counsel

Contracts Manager

Sales Operations Manager

Channel Manager

Chief Commercial Officer

Regional Sales Manager

Export Manager

Distribution Manager

Agency Relationship Manager

Compliance Officer

Chief Legal Officer

Sales Administrator

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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