Agency Agreement Template                        Agency Agreement                            in PolandAuthorJulita Mortka ...
Agency Agreement Template                                  Agency AgreementsThis Agreement (the “Agreement”) is made and e...
Agency Agreement Templatemonitoring the timeliness of payments made by trading partners for the purchasedGoods,c) inform t...
Agency Agreement Template                                            §1111.1 This Agreement is concluded for an indefinite...
Agency Agreement Templateparty of the opportunity to submit the dispute to a court) shall be submitted for decisionto the ...
Agency Agreement Template                                   SIGNATURE PAGEIN WITNESS WHEREOF, Agent and Principal have cau...
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Agency agreement

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Agency agreement in Poland

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Agency agreement

  1. 1. Agency Agreement Template Agency Agreement in PolandAuthorJulita Mortka – Lawyer, M&A expert, corporate and contract consultantinfo@consuldimo.com | www.consuldimo.com | skype : julitamortkaConsuldimo is flexible and modern company which will provide you with all indispensabletools to make your business work in Poland. Thanks to our experience in consulting andoutsourcing, we can make the process of fully integrating our resources into yourbusiness needs as smooth and easy as possible.When starting up in business it is essential to get off on the right foot. We provide a widerange of legal and business services for private companies to ensure you to set up theright framework in order to succeed in Poland. Depending on how you want to run yourbusiness we can set up new companies of any type and convert company from one typeto another as well. We participate also in M&A transactions, prepare investmentagreements etc.We offer also legal assistance regarding transfer of copyrights and grant of license. Wecan provide you with full support regarding copyright agreements, software law, newtechnology law, personal data protection and advertising law, intellectual property law.We offer a document drafting and checking service (regarding agreements, contract ofcollaboration, POA, acknowladges etc), this is perfect if you would like an expert tocomplete or check a document for you.We also provide you with fast access to most PL government forms. These forms aremostly provided free on government websites. Even if government are free youll haveknowing exactly how to complete it in compliance with polish law, where to send it andwhat other documents are required to be sent with it.Please dont hesitate to contact us for more information.NotePlease note that all templates prepared by us comply with Polish law. 1
  2. 2. Agency Agreement Template Agency AgreementsThis Agreement (the “Agreement”) is made and entered into on …................... by andbetween:…............... [limited liability company] with its registered office in …...................., atul. …..................., entered in the register of businesses with KRS number …............. atthe District Court for …................... in …............ …........................ Commercial Division of theNational Court Register, NIP..................., share capital.....................represented by …........................... – President of the Board,hereinafter referred to as the “Principal”and…........................ (hereinafter called as “Agent”) with the registered office at…............................ §11.1 The Principal entrusts the Agent to negotiate and conclude agreements withcustomers to sell products owned by the Principal. List of products, hereinafter called theGoods, is attached as Annex 1 to this Agreement.1.2 Sale of Goods will be performed by the Agent on behalf of the Principal, who willprovide to the Agent a written power of attorney. The Agent will be authorized to performall activities related to the sale of goods, including determining the selling price, subjectto item 3 of this section and delivery. The authorization referred to constitutes Appendix2 to this Agreement.1.3 The minimum selling price for the Goods will be determined by the Principal. Agentagrees not to sell Goods below a minimum price. Agent is authorized to increase theselling price. §22.1 Agent operates in a scope of______________, hereinafter referred to area ofactivity.2.2 The Principal agrees to a period during which this Agreement is binding not to enterinto any other agency contracts for the sale of the Goods in the area of activity andstates that at the date of signature of the Agreement, such contracts dont exist. §33.1 Agent shall take any action that may increase the sale of Goods, in particular, iscommitted to:a) advertising and promotional activities of the Goodsb) oversee the implementation of agreements concluded with his partners, in particular 2
  3. 3. Agency Agreement Templatemonitoring the timeliness of payments made by trading partners for the purchasedGoods,c) inform the Principal of known and obvious activities of companies offering productsthat compete with the Goods. §4The Principal is obliged to provide the Agent with the free advertising and promotionalmaterials relating to the Goods. These materials will be presented to the Agent not lessfrequently than once every two calendar months. §55.1 Agent can not disclose any information about the Principal to trading partners. Theaforementioned does not apply to information which is publicly known, contained in thepromotional and advertising materials or information to be provided which wasauthorized by the Principal.5.2 During the term of this Agreement, Agent can not engage in any activities related toadvertising, promotion or sale of goods which are identical or similar to the Goods. §6Agent is obliged to inform the Principal of all contracts concluded by him with a thirdparty under which he should participate in the advertising, promotion or sale of goods orservices offered by them. The implementation of these agreements by the Agent in noway prejudice the interests of the Principal or have a negative impact on the Agent meetsits obligations under this Agreement. §7Agent can not transfer the rights and obligations under this Agreement to third parties.All the activities provided in the Agreement should only be performed by the Agent, withthe exception of advertising and promotional activities that may be entrusted tospecialized service providers in this area. §8The Principal issues Goods basing on written orders sent by the Agent. Transport costsare covered by the Agent. §9From the time of transferring the Goods to the Agent he shall be fully liable for theirdestruction, damage or loss. The Agent is obliged to store the Goods in a manner thatlimits the risk of the above events occurring. §1010.1 Agent gets paid a commission fee of ______% of sales price for the Goods on thebasis of agreements concluded by the Agent.10.2. Agent shall pass to the Principal the bank account number to which the commissionis to be paid within _____________ days of signing each contract. 3
  4. 4. Agency Agreement Template §1111.1 This Agreement is concluded for an indefinite period with the possibility of itstermination by either Party upon _________ months notice, effective at the end of thecalendar month. Denunciation shall be made in writing, to be valid.11.2 The Principal is entitled to immediately terminate this Agreement in writingwithout notice, if the Agent:a) gives false information about the quantities and prices of Goods sold orb) has committed a violation of § 5 and / or § 7 of this Agreement11.3 The within ______ days from the termination of this Agreement, the Partiesmutually accountable, through the transfer to the Principal the amounts due to him fromthe sale of goods and return of unsold goods, and pay the Agent commission as specifiedin § 10 paragraph 1 of this Agreement.11.4 On the date specified in § 11 paragraph 3 above the Agent shall provide thePrincipal any promotional, advertising materials received from him. §12This Agreement rescinds all previously made arrangements between the Parties, bothwritten and verbal, which are in breach or contrary with its provisions. §1313.1 The Parties indicate the following addresses for communication:a) for the Principal:,b) for the Agent:13.2 In the event of a change of address for communications then the Partyaffected by this change shall be obliged to immediately inform the other Party in writingof this fact. §14Each Party shall cover all its own costs incurred in connection with drawing up andconcluding this Agreement. §15All amendments and supplements to this Agreement should be made in writing or elseshall be null and void. §16The provisions of the Civil Code shall be applicable in issues not governed by thisAgreement. §17The Parties shall make every effort to amicably resolve any disputes arising in connectionwith this Agreement. Any dispute which the parties can not amicably resolvedwithin ......... days from the date of their creation (ie from the date of notifying the other 4
  5. 5. Agency Agreement Templateparty of the opportunity to submit the dispute to a court) shall be submitted for decisionto the Court Arbitration at the Polish Chamber of Commerce in Warsaw within the rulesof this Court. §18This Agreement has been drawn up in two counterparts in a Polish language version andtwo counterparts in an English language version, with one copy from each languageversion for each Party. In the event of any discrepancies between the Polish and Englishlanguage versions then the binding version shall be the Polish version. 5
  6. 6. Agency Agreement Template SIGNATURE PAGEIN WITNESS WHEREOF, Agent and Principal have caused this Agreement to be executedby their respective representatives as of the Effective Date. The persons signing belowwarrant that they are duly authorized to sign for, and on behalf of, the respective parties.This Agreement has been executed in duplicate originals.For Principal: For Agent:Printed Name Printed Name Date: 6

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