Commission Contract Agreement Template for Austria

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Key Requirements PROMPT example:

Commission Contract Agreement

"I need a Commission Contract Agreement under Austrian law for appointing an exclusive commercial agent to sell our industrial machinery in Western Austria, with a 10% commission rate and quarterly sales targets starting from March 2025."

Document background
The Commission Contract Agreement (Handelsvertretervertrag) is essential for businesses operating in Austria that wish to expand their market presence through commercial agents. This document is specifically designed to comply with Austrian commercial law, particularly the Handelsvertretergesetz, which implements EU Directive 86/653/EEC. It is used when a principal company wants to engage an independent commercial agent to promote their products or services in a defined territory. The agreement covers crucial aspects such as commission calculations, agent's rights and obligations, territorial exclusivity, and termination provisions. It's particularly important to note that Austrian law provides specific protections for commercial agents, including mandatory provisions regarding commission payments and termination notice periods, which must be reflected in the agreement.
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 and brief description of the business relationship to be established

3. Definitions: Key terms used throughout the agreement, including specific industry terminology and legal concepts

4. Appointment and Territory: Scope of the agent's appointment and definition of the geographical territory where the agent is authorized to operate

5. Agent's Rights and Obligations: Detailed description of the agent's duties, including promotion of products, customer service, and reporting requirements

6. Principal's Rights and Obligations: Principal's commitments, including providing necessary information, materials, and support to the agent

7. Commission Structure: Detailed provisions on commission rates, calculation methods, and payment terms in accordance with HVertrG requirements

8. Payment Terms: Timing and method of commission payments, including provisions for commission statements and documentation

9. Term and Termination: Duration of the agreement and conditions for termination, including notice periods as required by Austrian law

10. Post-Termination Provisions: Obligations after contract termination, including commission entitlements and handover of materials

11. Confidentiality: Provisions protecting confidential information and trade secrets

12. Governing Law and Jurisdiction: Confirmation of Austrian law as governing law and designation of competent courts

Optional Sections

1. Non-Compete Clause: Restrictions on agent's competitive activities during and after the agreement, used when protecting specific market interests

2. Minimum Performance Requirements: Specific sales targets or performance metrics, included when the principal wants to establish clear performance standards

3. Sub-Agents: Provisions regarding the appointment and management of sub-agents, needed when sub-agents are permitted

4. Insurance Requirements: Specific insurance obligations for the agent, included when required by industry standards or risk management

5. Data Protection: GDPR compliance provisions, required when personal data processing is involved

6. Product Training: Requirements for product knowledge and training, included for technical or complex products

7. Marketing and Advertising: Specific provisions about marketing activities and brand usage, needed when agent has marketing responsibilities

Suggested Schedules

1. Schedule 1 - Products and Services: Detailed list of products or services the agent is authorized to promote

2. Schedule 2 - Commission Rates: Detailed commission structure including rates for different products or customer categories

3. Schedule 3 - Territory Map: Detailed geographical definition of the agent's territory including any exclusions

4. Schedule 4 - Reporting Templates: Standard forms for activity reporting and commission calculations

5. Schedule 5 - Customer List: List of existing customers and any special arrangements

6. Appendix A - Operating Procedures: Detailed procedures for order processing, customer service, and other operational matters

7. Appendix B - Brand Guidelines: Guidelines for use of principal's trademarks and marketing materials

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 and Software

Industrial Equipment

Consumer Goods

Pharmaceutical

Fashion and Apparel

Automotive

Construction Materials

Food and Beverage

Medical Devices

Chemical Products

Electronics

Telecommunications

Relevant Teams

Legal

Sales

Business Development

Commercial Operations

Compliance

Finance

Contract Administration

Distribution

Channel Management

International Business

Relevant Roles

Sales Director

Commercial Director

Business Development Manager

Legal Counsel

Contracts Manager

Sales Operations Manager

Regional Sales Manager

Channel Manager

Distribution Manager

Commercial Agent

Sales Representative

Business Development Representative

Chief Commercial Officer

Head of Sales

Compliance Officer

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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