The development of a clause in an agency agreement on the right to payment of goodwill is therefore tailor-made and deserves special attention, since both the legal provisions and the rules that arise from the case law must be taken into account. A final, but certainly not insignificant, aspect of the agency contract is the question of what right applies to the relationship between the agent and the client. The main rule is that the agency contract is governed by applicable law in the country where the agent is established or established. In the agency contract, the parties can agree that the contract is governed by another legal system. It is important to define, in agency contracts, in which situations and under what conditions the commission should be paid. The parties are free to agree on the amount of the commission. 21.1 This contract defines the entire agreement between the contracting parties. Neither party entered into this contract on the basis of the other party`s insurance, guarantee or commitment, which is not explicitly stated or mentioned in this contract. This article does not exclude any liability in case of fraudulent misrepresentation. If a clientele and/or territory have been assigned to the sales agent, this is only the case, unless it has been expressly agreed that this was not the case (Article 7:431, paragraph 1, point c) of the Dutch Civil Code). Therefore, it is important (from the client`s point of view) to explicitly declare in an agency agreement that there is no exclusivity.
At the commercial agent`s request, the sub-district court may rescind all or part of the non-competition clause at a time when the clause disproportionately affects the commercial agent with respect to the interest to be protected by the client. In a number of specific cases, the client cannot deduct rights from a non-competition clause, for example. B if the statutory deadline for termination was not met at the time of termination of the agency contract, or if the termination is due to an urgent reason attributable to the client. From the point of view of the contracting authority, it is therefore desirable to include an appropriate non-competition clause in the agency contract. Presentation of the agreement to sell goods. ICC offers a flexible alternative. By applying uniform contractual rules that are not based on specific national laws, the model includes the dominant practice in international trade and the principles generally recognized by national agency legislation.