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International Commercial Agency Contract Template for Austria

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Key Requirements PROMPT example:

International Commercial Agency Contract

"I need an International Commercial Agency Contract for appointing an exclusive agent to sell our industrial machinery in Austria and Germany, with a minimum sales target of 鈧2M for 2025 and provisions for sub-agent appointment."

Document background
The International Commercial Agency Contract is essential for businesses expanding their market presence through commercial agents in international markets while maintaining compliance with Austrian law. This document type is particularly crucial when a company (the principal) wishes to engage an independent commercial agent to promote and sell their products or services in specific territories without establishing their own local presence. The agreement must comply with the Austrian Commercial Agents Act (Handelsvertretergesetz), which implements EU Directive 86/653/EEC, providing mandatory protections for commercial agents. It covers essential aspects such as territory definition, commission calculations, performance requirements, termination provisions, and post-termination compensation rights. The document is structured to balance the principal's need for effective market representation with the agent's legal rights under Austrian law.
Suggested Sections

1. Parties: Identification and details of the Principal and Commercial Agent, including full legal names, registration numbers, and registered addresses

2. Background: Context of the agreement, business relationship background, and general commercial purpose

3. Definitions: Definitions of key terms used throughout the agreement, including Territory, Products, Customers, and Commission

4. Appointment and Territory: Scope of agent's appointment, exclusivity status, and defined geographical territory

5. Agent's Rights and Obligations: Detailed responsibilities including promotion, customer relations, reporting requirements, and compliance with local laws

6. Principal's Rights and Obligations: Principal's duties including product information, support, and supply obligations

7. Commission Structure: Calculation method, payment terms, and conditions for commission entitlement

8. Intellectual Property Rights: Usage rights for trademarks, logos, and other IP during the agency relationship

9. Confidentiality: Protection of business secrets and confidential information

10. Term and Termination: Duration of agreement, notice periods, and grounds for termination as per Austrian law

11. Post-Termination Provisions: Including compensation claims, return of materials, and handling of pending transactions

12. Governing Law and Jurisdiction: Confirmation of Austrian law application and jurisdiction for disputes

Optional Sections

1. Non-Compete Clause: Restrictions on agent's competitive activities during and after the agreement (use when protecting specific market interests)

2. Minimum Performance Requirements: Specific sales targets or performance metrics (use when performance monitoring is crucial)

3. Sub-Agents: Terms for appointing sub-agents if permitted (use when sub-agents may be needed)

4. Data Protection: GDPR compliance provisions (use when personal data processing is involved)

5. Force Majeure: Provisions for unforeseen circumstances affecting performance (use in high-risk markets or industries)

6. Insurance Requirements: Specific insurance obligations (use in high-value or high-risk sectors)

7. Marketing and Advertising: Specific requirements for promotional activities (use when brand control is important)

Suggested Schedules

1. Schedule 1 - Products: Detailed list of products or services covered by the agency agreement

2. Schedule 2 - Commission Rates: Detailed commission structure, including any variations by product or customer type

3. Schedule 3 - Territory Description: Detailed description of geographical territory including any excluded areas

4. Schedule 4 - Reporting Templates: Standard forms for regular reporting requirements

5. Schedule 5 - Minimum Performance Criteria: Detailed performance targets and measurement methods

6. Appendix A - Principal's Branding Guidelines: Guidelines for use of trademarks and marketing materials

7. Appendix B - Compliance Requirements: Specific regulatory or industry compliance requirements

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions











































Clauses




































Relevant Industries

Manufacturing

Industrial Equipment

Consumer Goods

Technology and Software

Pharmaceutical and Healthcare

Automotive

Fashion and Textiles

Food and Beverage

Construction Materials

Professional Services

Chemicals and Raw Materials

Machinery and Equipment

Relevant Teams

Legal

Sales

International Business Development

Commercial Operations

Compliance

Contract Administration

Business Development

Export

International Markets

Relevant Roles

Sales Director

International Business Development Manager

Legal Counsel

Commercial Director

Export Manager

Chief Commercial Officer

Sales Operations Manager

Contract Manager

Business Development Director

Regional Sales Manager

General Counsel

International Markets Director

Industries





Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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