The cooling-off period can only be cancelled if the agent has given birth to you at least one working day before the signing of the agency contract: The termination clauses are also concerned with the question of whether the agreement is subject to the Commercial Agents Regulations 1993. If it is a trap, termination rights and rights can be dictated by these regulations. There are many types of agency agreements, but the most important are: if the agreement is not subject to regulations, termination is governed by the contractual relationship, as stipulated in the agency agreement. Any termination clause must take into account the regulations if they apply. An exclusive agency agreement generally consists in the agent and the client agreeing that the client will not appoint other agents (i.e. the representative`s competitors) in the representative`s agreed territory and that the prime contractor does not actively seek to sell himself, although the client sometimes reserves the right to speak directly to designated companies. An exclusive agency agreement can also prevent an agent from entering into similar agency transactions with the client`s competitors. On 27 October 2020, the Competition Authority adopted a decision 20-D-15 rejecting as insufficiently justified the dismissal of the travel agency Travel Planet France, which specialises in business travel and is approved by IATA. If you want to terminate the contract, you must report it in writing. Check your consent to see how much notification you need to give. It is important that your sales contract has conditions to meet your business needs, including: The commercial agency contract is definitely at the heart of this quarter`s case law. Qualification conditions and issues (see ECJ June 4, 2020 V.
in advance: N.F.) should not obscure the importance of the issues that normally arise in the course of their execution. A decision of the Court of Justice (…) A distribution agreement is an agreement between a main distributor and a distributor that allows the distributor to sell the client`s products in a market or territory, usually an agreement in which the client is not present. The distributor is essentially a reseller for the client`s products. The client may be a manufacturer or supplier, or even a distributor himself, looking for someone who bears some of his distribution responsibility. The cooling-off period gives you time to read the agreement, consider the conditions you have agreed to, including the agent`s expenses, and get independent advice if you have any doubts. A distribution agreement is particularly useful when a prime contractor wants to sell its products in a market or territory in which it does not currently operate. Agreements are generally vertical in nature, between two companies at different levels in the same supply chain. The main advantages of using distribution agreements are: for the purposes of the application of Article 101, paragraph 1, the agreement is referred to as an agency agreement where the representative does not support or is only a minor risk with respect to contracts concluded and/or negotiated on behalf of the contracting entity with respect to market-specific investments in this area of activity and other activities that the contracting entity is required to carry out in the same product market.
However, risks associated with the provision of agency services in general, such as the risk that the representative`s income will depend on his or her success as an agent or general investments in premises or staff, are not essential to this assessment.