one. The parties agree that the amendments to this agreement, including the amendments to the commissions, will be mutually agreed, supported by a written agreement signed by both parties, and each party also undertakes to negotiate in good faith with the other party the continuation of these amendments and amendments. The “ownership of expiry operations” provision is often overlooked because agents believe they have the activity they do with businesses. The agent`s ownership at its expiry hours is the essence of the independent agency system. A provision duly built on “downtime ownership” is essential, not only to preserve the agent`s independence and capital in his business, but also to define the right boundaries between his clients and the company. The agency`s layoffs will always be a critical concern for agents. Regardless of whether the market is soft or hard, companies seem to aggressively “refine” their agency facilities. The written recovery plan would not be included in the agency agreement, as it would vary depending on the circumstances. However, all relief agreements should contain the following: Although many agreements allow the company to terminate the contract for some reason, the Panel believes that the company should agree not to dismiss the agent because of the size of the business or the mix of business, unless the company has previously informed the agent in writing of its requirements. The company should also give the agent sufficient time to comply with these requirements and agree not to fire the agent if its insurance measures prevent the agent from complying with the requirements.
Within the European Union, there is legislation to provide some protection to agents, in particular the right to compensation in certain circumstances when an agency is dismissed. The same is true in other parts of the world, and in some countries it is necessary for a foreign manufacturer to designate as an agent a person or company that is a national of the country in which the Agency will operate. If there is a provision for termination of the contract, if the agent owes money to the company, a language should be inserted that gives the agent written notice of how much the business owes the business. The agent must then be provided with a reasonable time (recommended 10 days) to cure the standard before termination. Routine accounting errors made by the agent and legitimate disputes between the agent and the company over the amounts due should not trigger the determination of termination. One area that is constantly being controversial is payment procedures. Whether it is a direct invoice or an Agency invoice, the agreement should clearly define the payment period and the method of payment. If the representative represents a company without arbitration in its agency agreement, the company should ask the company to notify in writing its dispute resolution procedures. Despite the convenience and need for agency agreements, there may be some drawbacks. The main risk in the legal relationship between the client and the agent is that the adjudicating entity may be held liable for a fault committed by the agent. When an agent makes an error or engages in illegal activity while representing the client, the client can be considered technically as the act, since the agent essentially acted as the “main” obligatory.
However, in the event of termination of this Agreement, the use and control of the agent`s operation, including all rights, titles and interests of the agent, including the rights, securities and interests of the agent, are transferred from the date of termination to the company for which he is liable under this Agreement, and the use and control of the agent`s conduct , including all rights, titles and interest on and on the agent`s records. B. The name of the Agency should not be more important than the largest of them used in communication.