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Commercial Intermediaries (1) (2) (3) (4)
Methods of getting products on the market: selling directly to customers Appointing an agent Appointing a distributor Licensing technology
- marketing - market Principal's ('P') products and finds/introduces customers to market - Regs less likely to apply to marketing As
- Sales - classic commercial A relationship. A sales A enters into the contract w/the customer by signing it for and on behalf of and in name of P
Key terms of A ag Appointment
Include the following 3 x types (1) exclusive - means P agrees not to appoint anyone else in A's territory or do it themselves (2) Sole- same as exclusive but P can still sell (3) Non-exclusive - P can appoint any numbers of As in territory and sell themselves
Paid via a number of mechanisms:
- % of invoice of products sold; or
- Fixed minimum consideration; or
- Sliding/increasing scale of commission (more A sells, the higher the commission rate)
Rights and duties of(a) ACL - implied duties fiduciary duty to act in good faith Exercise r'able care and skill Account to P for all property received Right of A to r'able remuneration Right of A to be indemnified against liabilities incurred in performing his duties (b) CL - contract law A ag
- what is expressly agreed
- Commercial Agents (Council Directive) Regulations 1993 (Regulations) will either imply or override certain cl's (c) Regulations [see box below]
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