Ship Broker Commission Agreement Template for Netherlands

The Ship Broker Commission Agreement is a critical document in maritime commerce, used to formalize the relationship between professional ship brokers and their principals (typically shipowners or charterers) under Dutch law. This agreement is essential when engaging ship brokers to facilitate vessel sales, charters, or other maritime transactions in the Netherlands or internationally. It details commission structures, service scope, and mutual obligations while ensuring compliance with Dutch maritime law, the Civil Code, and relevant EU regulations. The document becomes particularly important in complex shipping transactions where multiple parties may be involved and significant commissions are at stake. The agreement should be tailored to address specific aspects of the brokerage relationship, including market territories, vessel types, and transaction categories, while incorporating standard maritime industry practices and Dutch legal requirements.

1. Parties: Identification of the Ship Broker and the Principal (shipowner/charterer)

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

3. Definitions: Key terms used throughout the agreement including 'Commission', 'Services', 'Vessel', etc.

4. Appointment and Scope: Formal appointment of the broker and detailed description of brokerage services to be provided

5. Broker's Obligations: Core duties and responsibilities of the ship broker including professional standards and reporting requirements

6. Principal's Obligations: Key responsibilities of the principal including provision of information and cooperation

7. Commission Structure: Details of commission rates, calculation methods, and triggering events for commission payments

8. Payment Terms: Timing and method of commission payments, currency, and handling of disputes

9. Term and Termination: Duration of the agreement and circumstances under which it can be terminated

10. Confidentiality: Obligations regarding confidential information and trade secrets

11. Liability and Indemnification: Limitations of liability and mutual indemnification provisions

12. Governing Law and Jurisdiction: Specification of Dutch law as governing law and jurisdiction for disputes

13. General Provisions: Standard boilerplate clauses including notices, amendments, and severability