Export marketing agency agreement: sale of goods; agent carries stock

About this sales agent’s agreement

An export marketing agency contract for use by any business selling abroad. Your agent is probably a company. It certainly has its own warehouse and appropriate logistics and control systems.

The most important feature is that the agent holds stock of your product. You can select his precise duties depending on what you have agreed. There are options for all aspects of importation: delivery, transport, insurance, regulations, duties.

There is a basic option on the question of whether he collects your money and banks it locally or you collect as you would do in New Zealand. Each option leads to different outcomes in other parts of the document. We deal with all of them clearly and in language your agency people will understand.

There may be a fine line between a distribution arrangement and an agency arrangement. The only fundamental difference is that the distributor buys from you while the agent never does so.

Here we have provided crisp, no-nonsense alternative scenarios that will work in practice, but you will have to edit out the options not required.

Suitable for wide range of businesses, but detailed requirements are for you to choose. You may have a tech or design business where IP rights protection is vital, or you may be selling cement, where it is not.

Key features

• Agent at home or abroad
• optional heavy protection of intellectual property
• Agent paid by commission
• Many options for level of involvement of agent in dealing with regulations and customs duties

The law in this agreement

This agreement is governed by the basic contract law, leaving you largely to make what contract you wish.

Contents of this sales agency contract

• Definitions and interpretation
• Formation and description of agreement
• Terms of appointment
• Commission payment procedure
• Compliance and regulation
• Delivery and transportation
• Products defective or not as ordered
• Management of stock in Agent’s hands
• Many options for agent’s obligations
• Marketing plans and reports
• Products recall
• Risk and retention of title
• Termination and what happens after that.
• Intellectual property and confidential Information
• Assignment and sale of business or change of Control
• Many other strong provisions