The Agency Agreement is a crucial commercial document used in New Zealand business relationships where one party (the Principal) authorizes another party (the Agent) to act on their behalf. This document is essential when establishing formal representation arrangements, whether for sales, service provision, or business development purposes. The agreement complies with New Zealand legal requirements and includes provisions for scope of authority, duties, remuneration, and termination rights. It's particularly relevant for businesses expanding their reach through representatives, distributors, or sales agents, and can be customized to accommodate various commercial arrangements while maintaining compliance with New Zealand commercial law principles.
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1. Parties: Identifies and provides full legal details of the Principal and the Agent
2. Background: Sets out the context of the agreement and the parties' intention to enter into an agency relationship
3. Definitions: Defines key terms used throughout the agreement
4. Appointment and Scope: Establishes the appointment of the Agent and defines the scope of authority
5. Term and Termination: Specifies the duration of the agreement and circumstances for termination
6. Agent's Duties and Obligations: Details the responsibilities and obligations of the Agent
7. Principal's Duties and Obligations: Outlines the responsibilities and obligations of the Principal
8. Remuneration: Specifies the fees, commissions, and payment terms
9. Liability and Indemnity: Addresses risk allocation and indemnification obligations
10. Confidentiality: Establishes obligations regarding confidential information
11. General Provisions: Contains standard boilerplate clauses including governing law, notices, and amendment procedures
1. Intellectual Property: Include when the agency relationship involves the use or creation of intellectual property
2. Territory: Include when the Agent's authority is limited to specific geographic areas
3. Sub-Agents: Include when the Agent may appoint sub-agents
4. Non-Competition: Include when restricting the Agent from competing activities
5. Insurance: Include when specific insurance requirements are needed
6. Performance Targets: Include when the agency relationship is subject to performance metrics
7. Marketing and Promotion: Include when the Agent has specific marketing responsibilities
8. Data Protection: Include when personal data processing is involved
9. Force Majeure: Include when specific provisions for unforeseen circumstances are required
1. Schedule 1 - Services: Detailed description of services to be provided by the Agent
2. Schedule 2 - Commission Structure: Detailed breakdown of commission calculations and payment terms
3. Schedule 3 - Territory: Detailed description of the geographic territory if applicable
4. Schedule 4 - Reporting Requirements: Specific reporting formats and timeframes
5. Schedule 5 - Key Performance Indicators: Detailed performance metrics and measurement criteria
6. Appendix A - Agency Policies: Principal's policies that the Agent must comply with
7. Appendix B - Approved Forms: Standard forms and documents to be used by the Agent
8. Appendix C - Contact Details: Key contact information for both parties
Relevant legal definitions
Clauses
Relevant Industries
Retail
Real Estate
Financial Services
Insurance
Manufacturing
Import/Export
Professional Services
Technology
Tourism
Agriculture
Consumer Goods
Healthcare
Construction
Entertainment
Relevant Teams
Legal
Commercial
Sales
Business Development
Operations
Procurement
Compliance
Contract Management
Distribution
Channel Management
Relevant Roles
Commercial Director
Business Development Manager
Sales Director
Legal Counsel
Procurement Manager
Operations Manager
Managing Director
Chief Executive Officer
Contract Manager
Compliance Officer
Sales Representative
Channel Manager
Regional Manager
Distribution Manager
Agency Relations Manager
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