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Agency Agreement For Sale Of Products
I need an Agency Agreement for Sale of Products governed by Hong Kong law for appointing an exclusive agent to sell our luxury watches in mainland China, with a 5-year term starting January 2025 and including minimum performance requirements and product quality control standards.
1. Parties: Identification of the Principal and Agent, including full legal names and registered addresses
2. Background: Context of the agreement and brief description of the business relationship
3. Definitions: Definitions of key terms used throughout the agreement
4. Appointment and Scope: Terms of agent's appointment and scope of authority
5. Territory: Geographic area where the agent is authorized to operate
6. Agent's Rights and Obligations: Detailed responsibilities and rights of the agent
7. Principal's Rights and Obligations: Detailed responsibilities and rights of the principal
8. Products: Description of products covered by the agreement
9. Commission Structure: Details of commission rates, calculation methods, and payment terms
10. Reporting Requirements: Requirements for sales reports, activity reports, and financial documentation
11. Intellectual Property: Protection and usage rights of trademarks, logos, and other IP
12. Confidentiality: Obligations regarding confidential information
13. Term and Termination: Duration of agreement and termination provisions
14. Post-Termination Obligations: Obligations of both parties after agreement ends
15. Governing Law and Jurisdiction: Specification of Hong Kong law and jurisdiction
16. General Provisions: Standard boilerplate clauses including notices, amendments, etc.
1. Non-Competition: Restrictions on agent's ability to represent competing products - include when exclusivity is required
2. Performance Targets: Specific sales targets or KPIs - include when performance measurement is crucial
3. Marketing and Promotion: Requirements for marketing activities - include when agent has marketing responsibilities
4. Training Requirements: Product training and certification requirements - include for technical or complex products
5. Insurance: Insurance requirements - include when dealing with high-value products or specific risks
6. Data Protection: Specific data handling requirements - include when personal data processing is involved
7. Force Majeure: Provisions for unforeseen circumstances - include when long-term or high-value relationship
8. Warranty Handling: Procedures for warranty claims - include when agent handles product warranties
1. Schedule 1: Products List: Detailed list of products covered by the agreement, including specifications and prices
2. Schedule 2: Commission Rates: Detailed breakdown of commission structures, including any variations by product or volume
3. Schedule 3: Territory Definition: Detailed description of geographic territories, including any excluded areas
4. Schedule 4: Reporting Templates: Standard forms for regular reporting requirements
5. Schedule 5: Performance Metrics: Detailed KPIs and measurement criteria if applicable
6. Schedule 6: Trademark Usage Guidelines: Guidelines for use of principal's trademarks and branding
7. Appendix A: Standard Operating Procedures: Detailed procedures for order processing, customer service, etc.
8. Appendix B: Product Handling Requirements: Specific requirements for storage, handling, and display of products
Authors
Consumer Goods
Electronics and Technology
Fashion and Accessories
Industrial Equipment
Food and Beverage
Pharmaceuticals
Automotive
Construction Materials
Medical Devices
Luxury Goods
Sporting Goods
Home and Garden Products
Telecommunications
Chemical Products
Professional Equipment
Legal
Sales
Commercial
Business Development
Operations
Compliance
Finance
International Trade
Distribution
Channel Management
Contract Administration
Sales Director
Commercial Director
Business Development Manager
Legal Counsel
Contracts Manager
Chief Commercial Officer
Regional Sales Manager
Distribution Manager
Channel Manager
CEO
Managing Director
Operations Director
Compliance Officer
Chief Legal Officer
Sales Operations Manager
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