Puerto Rico Exclusive Foreign Sales Representative Agreement

State:
Multi-State
Control #:
US-1067BG
Format:
Word; 
Rich Text
Instant download

Description

This form is for use in a transaction involving the appointment of a foreign sales representative. This type of agreement typically will be entered into between the manufacturer or owner of specified goods and a party located in the foreign country, referred to as the representative, pursuant to which the representative agrees to perform certain services with the aim of generating sales opportunities for the goods in the territory or market specified in the agreement. Goods are not purchased, or resold, by the representative, but will be sold directly by the manufacturer, and the representative will be compensated based on the volume of sales in the specified territory or market.
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FAQ

International sales representatives focus on finding new customers, and promoting and selling the company's products. They will typically negotiate and write contracts, coordinate deliveries with production and distribution, and service their accounts.

Since 1977 the courts have held that vertical non-price restrictions - - such as exclusive distributorship agreements - - are not per se (or always) illegal under the antitrust laws.

The International Sales Representative Contract regulates the relationship between a person or. company (Agent) which acts as a sales agent on behalf of the exporting company (Principal), introducing its products to potential buyers in a foreign market.

The purpose of an exclusivity clause is to protect buyers from being outbid by third parties since significant time and money are spent securing a deal. For example, a real estate agent can prevent employees from working within a specific geographic region. It's an exclusive relationship that mitigates risk.

The enclosed document is a non-exclusive sales representative agreement. This means that the company is entitled to hire additional representatives to sell the same products perhaps even in the same geographical area.

Conclusion. It is concluded from above that exclusive agreements which have an anti-competitive nature are not legal. However, the exclusive supply and exclusive distribution agreement are legally entered between manufacturer and distributor.

Exclusive distribution agreements are distribution rights granted between a distributor and supplier company. Both parties agree that the distributor will give exclusivity rights to the supplier to sell certain products or services instead of non-exclusive rights.

Thus, exclusive agreements can be said to be anti-competitive in certain situations under Section 3(4) or Section 4 of the Competition Act or both, only when the parties in question have significant market power.

Examples of companies which use exclusive distribution Samsung, Apple, Gucci, Lamborghini, Mercedes, BMW etc.

A sales representative contract, sometimes known as a sales representative agreement, is a contract between a company and the contractor performing sales and marketing services on behalf of the company.

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Puerto Rico Exclusive Foreign Sales Representative Agreement