CONSIDERING that the company and the agent wish to enter into an agreement under which the agent markets and sells the product in accordance with the conditions contained therein. If a clientele and/or territory has been assigned to the commercial agent, this is only a matter, unless it has been expressly agreed that this is not the case (Article 7:431(1)(c) of the Dutch Civil Code). It is therefore important (from the point of view of the contracting authority) to explicitly state, in a mediation contract, that there is no exclusivity. One of the important features of agency contracts is the right to client fees (in practice called goodwill fees) that the commercial agent may have at the end of the brokerage contract. Under Article 7:442 of the Dutch Civil Code, a sales representative is entitled to a customer fee at the end of the agency contract when the agency contract is terminated: a final, but certainly not unimportant, aspect of the commercial agent contract is the question of which law is applicable to the relationship between the intermediary and the client. The main rule is that the agency contract is subject to the law applicable in the country where the agent is or has been established. In the agency contract, the parties may agree that the contract is subject to another legal order. For example, if you ask an agent to sign a contract on behalf of your company and you did not read the contract first, you are still responsible for all the terms of the contract. The contracting entity shall authorise the actions of the agent and shall therefore assume ultimate responsibility for them. The agency contract between a client and the agent must always be written with clear conditions and explicit language that limit the liability of the client when the agent does something that has not been authorised.
This protects you personally and professionally. A commercial agent contract is a legally valid contract that creates a trust relationship in which the first party (“the contracting entity”) agrees that the actions of a second party (“the agent”) bind the client to the agent`s subsequent agreements, as if the contracting authority had itself concluded the subsequent agreements. . . .