In English - Online Version
Content of each agreement :
Overview - Comments, clauses and variations - Checklist - Incidental documents - Texts - Bibliography
By Didier FERRIER
, Professeur à la Faculté de droit et Science politique de Montpellier (France)
A representative may be required to intervene as Agent for and on
behalf of a Supplier. The contract then usually takes the form of a
Commercial Agency Agreement. The Supplier has total control over
sales and establishes, by means of the Agent, direct relations with
resellers or the end client, which becomes its client. The Agent
benefits from protective provisos during the course of the contract
execution and on termination.
A representative may be required to intervene as a Commission Agent.
It shall then act in its own name but on behalf of the Supplier-Principal.
The relations between the Principal and the Commission Agent are
usually unknown by the end clients. The Commission Agent is deemed
to be a trader selling the Principal’s products. The Principal controls
the sales terms, but does not establish any relations with the end client
who remains the Commission Agent’s client.