Checklist for the Appointment of an Agent

This checklist is designed as a short summary to help a manufacturer or supplier of goods or services be aware of the points it should consider when appointing an agent, either in the UK or elsewhere.

It should be noted that if, for example, the agent for the sale of goods is situated in Great Britain and the agreement is governed by English or Scottish law, certain aspects of the agreement will be regulated by the Commercial Agents (Council Directive) Regulations 1993 ("the Commercial Agents' Regulations").

The issues which should be considered on the appointment of an agent are as follows:

• The parties
• Territory/products or services
• Nature of appointment
• Duration of appointment
• Agent's obligations
• Supplier's obligations
• Advertising, promotion and training
• Commission
• Intellectual Property
• Product Liability
• Termination
• Notices
• Arbitration
• Relevant Law
• Notification
• Effect of appointment

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