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Information by NSW Fair Trading (not legal advice)

A written agency agreement must be prepared for all services to be performed by an agent for a client, unless the services relate only to livestock.

It is important to ensure the agreement is prepared, signed and served correctly – or you may lose your entitlement to be paid commission and recoup expenses.

An agent is not entitled to any commission or expenses for services performed for a client unless:

  • a written agency agreement has been entered into for the services
  • the agreement was signed by the licensee and the client
  • the agreement contains the terms required by the regulations and
  • within 48 hours after the client signs the agreement, a copy of the agreement signed by the licensee is served on the client (in limited circumstances, a court or tribunal can wholly or partly award commission to the agent if the signed copy of the agreement was not correctly served (see section 55 of the Act)).

If the agency agreement relates to residential property or rural land, it must contain a statement identifying the source and estimated amount of all rebates, discounts and commissions that the licensee will or may receive in respect of the expenses payable by the client under the agreement (see section 57 of the Act). An agent is not entitled to any expenses from the client if these disclosures are not made.

If the agreement is for the sale of residential property, the client must be given a copy of the consumer fact sheet Agency agreements. The fact sheet can be given to the client up to one month before the agreement is signed (see section 56 of the Act).

If the agreement is for the sale of residential property or rural land, the client has a cooling-off period of one business day or Saturday.  During the cooling-off period, the client can cancel the agreement by giving you written notice.

NSW Fair Trading 

To view documents, please visit individual Agency Agreements

 

Agency Agreements

Agency Agreements 

Agency Agreements with Precedents Online.  An agency relationship is where one party (the agent) has the authority to enter contracts with a third party (the customer) on behalf of the second party (the principal). 

An Agency Agreement occurs when the agent transacts on behalf of the principal, and the actual sales contract is between the principal and the customer. 

A supplier usually imposes few restrictions on agents and these normally relate to the agent’s powers to bind the supplier.

The agent is accountable for everything they do.  If they incur debt, they are the debts of the principal.  If they break the law, the vicarious responsibility is that of the principal.

Agency Agreements often concern agents or principals overseas.  Such Agency Agreements or contracts may include terms from Incoterms.  ‘Incoterms’ refers to the collection of essential international commercial and trade terms.  The terms were devised in recognition of non-uniform standard trade usages between various States.  

Agency Agreements

Agency Agreement with Appointment of Purchasing Agent

An Agency Agreement that appoints a purchasing agent for the purchase of the goods. Exclusive agency clauses cover:

  • Definitions
  • Grant
  • Principal’s obligations
  • Termination
  • Termination consequences
  • Miscellaneous
  • Retention of title
  • Reservation of rights
  • Interest
  • Receipt
  • Force majeure
  • Severance
  • Whole agreement
  • Prior agreements
  • Discretion
  • Change of address
  • Notices
  • Headings
  • Joint and several
  • No partnership
  • Assignment
  • Jurisdiction

12 pages

Agency Agreements to Manufacture Overseas

Agency Agreement with Agent to arrange manufacture overseas #1
  • Issues And Interpretation
  • Rights Granted
  • Duration Of Agreement
  • Termination
  • Terms Of Payment
  • Agent’s Duties And Undertakings
  • Quotations
  • Duties And Undertakings
  • Confidentiality
  • Indemnity
  • Infringement 
  • Relationship Of Parties
  • Insurance
  • Severability
  • Force Majeure
  • Assignment
  • Waiver
  • Entire Understanding
  • Variation
  • Notices
  • Dispute Resolution
  • Execution Of Counterparts

12 pgs

Agency Agreement – manufacture overseas #2

An Agency Agreement when an agent is appointed to arrange the manufacture of goods overseas. An Agency Agreement is appointed to source overseas manufacturer. Includes clauses covering:

  • Interpretation
  • Provision of Services
  • Price and Payment
  • Indemnity
  • Duties and Undertakings
  • Your Duties and Undertakings
  • Confidentiality
  • Intellectual Property Rights
  • Termination
  • Effect of Termination
  • Rights to Survive Termination
  • Force Majeure
  • Relationship of Parties
  • Assignment
  • Waiver
  • Whole Agreement
  • Notices
  • Proper Law
  • GST
  • Terms and Option to Extend
  • Licence of intellectual property
  • Infringement
  • Manufacturing – standards & testing
  • Manufacturing faults

12 pages 

Agency Agreements for a  Sole Agent – Purchaser

Agency Agreement when company appoints the agent as its sole or exclusive agent for the purchase of all goods. Includes terms covering:

  • Appointment of Agent
  • Term
  • Duties of agents
  • No purchase through company
  • Shipment of goods
  • Payment by company
  • Alternative payment clause
  • Repayment of expenses
  • Commission
  • Summary determinations
  • Obligation to be imposed on purchasers
  • Purchases by agents on own account
  • Terms not to be included in contracts negotiated by agents
  • Miscellaneous
  • Law applicable

  Agency Agreements

8 pages long.

 

  Author:  Kalde Legal 

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