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Agent vs Distribution agreement

M

MForgey

New Member
Hello everyone!

I have some questions regarding my company and I hope anyone can add their input.

I am a sole exclusive distributor in the UK of a product from Europe and have authority from the European country regarding this.

I have been approached by companies and individual sellers in the Industry sector of my company in the UK that want to sell the products I am selling. However this will be under my company name and branding.

I have also been approached by individuals who want sell my company products for a small commission once the sale has been completed. I.e like a finders fee.

I was advised by a local business consultancy meet-up that the best approach would be to set up an agency contract agreement, with my company acting as the principal. This would allow individuals or companies to sell my company products under my company name.

———————

Would this not be a distribution contract?

The business meet-up told me to write an agency contract drafted to protect my position as Principal but not unreasonably biased…can anyone explain what does this mean unreasonably biased?

I was told to construct the contract to allow fluid contractual agreements
- Minimum sales target
- Defined term for products that that agent may act
- Defined territory
Should there be anything else?

I was told to make sure in the contract that I have to use non-exclusive agent - appointing an agent as a non-exclusive basis gives me flexibility to appoint more than one agent. But the agent has authority to negotiate and to conclude contracts on my behalf…. I do not want the agent to construct contracts on my behalf without written consent how would I put this into the contract?

Can anyone give me any other important aspects to put into the agency contract?

kind regards Lee
 
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