The Commission Contract Agreement (Handelsvertretervertrag) is essential for businesses operating in Austria that wish to expand their market presence through commercial agents. This document is specifically designed to comply with Austrian commercial law, particularly the Handelsvertretergesetz, which implements EU Directive 86/653/EEC. It is used when a principal company wants to engage an independent commercial agent to promote their products or services in a defined territory. The agreement covers crucial aspects such as commission calculations, agent's rights and obligations, territorial exclusivity, and termination provisions. It's particularly important to note that Austrian law provides specific protections for commercial agents, including mandatory provisions regarding commission payments and termination notice periods, which must be reflected in the agreement.
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1. Parties: Identification of the principal and the commercial agent, including full legal names, registration details, and addresses
2. Background: Context of the agreement and brief description of the business relationship to be established
3. Definitions: Key terms used throughout the agreement, including specific industry terminology and legal concepts
4. Appointment and Territory: Scope of the agent's appointment and definition of the geographical territory where the agent is authorized to operate
5. Agent's Rights and Obligations: Detailed description of the agent's duties, including promotion of products, customer service, and reporting requirements
6. Principal's Rights and Obligations: Principal's commitments, including providing necessary information, materials, and support to the agent
7. Commission Structure: Detailed provisions on commission rates, calculation methods, and payment terms in accordance with HVertrG requirements
8. Payment Terms: Timing and method of commission payments, including provisions for commission statements and documentation
9. Term and Termination: Duration of the agreement and conditions for termination, including notice periods as required by Austrian law
10. Post-Termination Provisions: Obligations after contract termination, including commission entitlements and handover of materials
11. Confidentiality: Provisions protecting confidential information and trade secrets
12. Governing Law and Jurisdiction: Confirmation of Austrian law as governing law and designation of competent courts
1. Non-Compete Clause: Restrictions on agent's competitive activities during and after the agreement, used when protecting specific market interests
2. Minimum Performance Requirements: Specific sales targets or performance metrics, included when the principal wants to establish clear performance standards
3. Sub-Agents: Provisions regarding the appointment and management of sub-agents, needed when sub-agents are permitted
4. Insurance Requirements: Specific insurance obligations for the agent, included when required by industry standards or risk management
5. Data Protection: GDPR compliance provisions, required when personal data processing is involved
6. Product Training: Requirements for product knowledge and training, included for technical or complex products
7. Marketing and Advertising: Specific provisions about marketing activities and brand usage, needed when agent has marketing responsibilities
1. Schedule 1 - Products and Services: Detailed list of products or services the agent is authorized to promote
2. Schedule 2 - Commission Rates: Detailed commission structure including rates for different products or customer categories
3. Schedule 3 - Territory Map: Detailed geographical definition of the agent's territory including any exclusions
4. Schedule 4 - Reporting Ƶ: Standard forms for activity reporting and commission calculations
5. Schedule 5 - Customer List: List of existing customers and any special arrangements
6. Appendix A - Operating Procedures: Detailed procedures for order processing, customer service, and other operational matters
7. Appendix B - Brand Guidelines: Guidelines for use of principal's trademarks and marketing materials
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