Sales Agent Agreement In Spain

12 April 2021, 2:22 | Uncategorized | Commenti: 0

As long as they have engaged in new customers or transactions that have become noticeable with existing customers, a representative is entitled to this compensation only because the contract has been terminated (whether it is an indeterminate or temporary period). Although, in many cases, clauses are included in agency contracts in which the agent waives the right of compensation for clients or investments or where such compensation is capped, those clauses would be set aside in court. Free from competition: non-competitive provisions (i.e. provisions limiting or limiting the activities that the distributor may carry out after the conclusion of the distribution agreement) are valid as long as they are expressly agreed by the agreement and can be defended and maintained (in terms of territory, duration and consideration). non-competition clause: non-competition clauses are (reciprocal) customary and allowed for the duration of the agreement; Once the contract is terminated, the Spanish court generally recognizes the validity of the one-year non-competition clause, but is limited to where the franchise worked. 2. For the representative, it is important that the treaty indicates whether it is exclusive to its territory. On the other hand, the adjudicative power finds it difficult to prove that the agent is making a claim for compensation. By this type of contract, the representative of the commission undertakes to carry out or participate, on behalf of the client, in an act or a trade agreement.

The distribution agreement has no specific legislation and is subject to education that derives from the law of the Spanish courts. The distribution agreement may or may not be granted exclusively. Exclusiveness can work on both sides: the dealer can only cooperate contractually with the client (or not) and the client may be contractually obliged to work only with the distributor in a given territory. 3. It is in the client`s best interest to have a fixed-term contract (for example. B renewable from one year to the next). For the agent, on the other hand, an indeterminate contract.is contract.is better. We think the agencies are actually relationships. On the contrary, there is a working relationship when the agent does not have the right to organize his own activities or set his own schedule. The agency contract must always be paid/paid. The consideration may consist of a fixed amount, a commission or a combination of the two.

Franchise agreements are governed (i) by Act 7/1996 of January 15, regulations on retail trade, on the basic conditions of the franchise business and the creation of the franchisor registry; (ii) Royal Decree 201/2010 of 26 February, which establishes the exercise of commercial activity under a franchise agreement and the transmission of information to the register, where thieves have rights; and (iii) Royal Decree 378/2003, which refers to Regulation (EC) No.

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