(a) if the contractor has acted contrary to the contracting authority`s instructions, unless the contracting authority wishes to make use of the advantages resulting from the contract; 6. to report on his business and to provide the client with everything he has received under the Agency [Article 1891 of the Civil Code]; 2. If the Contractor acts unilaterally, but in its own name, this shall not bind the Customer who has no right of action against third parties with whom the Contractor has concluded a contract. These people also do not have against the customer. In this case, the agent is the one who is directly related in favor of the person with whom he concluded a contract, as if the transaction were his own, unless the contract concerns things that belong to the customer. This is without prejudice to actions between the client and the agent. [Article 1883 of the Civil Code] In the case of property belonging to the principal, the contract must be regarded as concluded between the principal and the third party and, therefore, if the obligations are incumbent on the principal, the rights arising from the contract must also belong to him alone. [Sy-Juco and Viardo vs. Sy-Juco, 40 Phil. 634, 1920] 4. If the Customer refuses to reimburse the Contractor for the advances it needs for the performance of the Agency or if it does not compensate the Agent for damages suffered by him in the performance of the Agency through no fault or negligence on his part, the Agent may pledge the goods and goods until the Principal makes the refund.
[Article 1914 of the Civil Code] However, it should be noted that according to art. 1918 of the Civil Code, the client is not liable for the costs incurred by the agent in the following cases: In the absence of divergent contractual provisions, however, the client`s obligations are: An agency contract differs from an employment contract because an agency contract does not entail a full employment relationship. An employment relationship comes with additional benefits: things like workers` compensation for certain positions or paid leave or even health benefits. An agency relationship contains none of these benefits and usually lasts only a short time, as opposed to a contract of indefinite duration or longer term for an employment relationship. d. to indemnify the Agent for any damage that the performance of the Agency could have subsequently caused without fault or negligence on his part [Article 1913, Civil Code]; and 1. the implementation of the Agency in accordance with its provisions [Article 1884 of the Civil Code]; The Civil Code of the Philippines is the current law governing the agency. Article 1868 of the Civil Code stipulates that a person (agent) undertakes, through the agency contract, to provide a service or to do something in the name or on behalf of another (client) with the consent or authority of the latter.
In that regard, (b.dem staff, at the latter`s request, to advance the amounts necessary for the implementation of the Agency (Article 1912 of the Civil Code); The form filler also enters the main features of the agreement between the parties, such as the duration of the agency (whether it is to be continued indefinitely until the services are terminated or otherwise or end at a certain time), information about fees and, of course, what exactly the agency is for. An agency contract can be used for any type of agent-principal relationship. B for example for large enterprises (where an agent may act in public for the principal or sign agreements on behalf of the principal) for small enterprises or individuals (where an agent may perform a single task for the principal). One. Fulfil all the obligations contracted by the agent within the framework of his powers [Articles 1868 and 1883 of the Civil Code]; 4. not to exercise the Agency if its performance would manifestly entail loss or damage to the contracting entity [Article 1888 of the Civil Code]; How is the agency terminated? An agency can be terminated by agreement, for example. B by fulfilling the objective or objective of the agency. (Article 1919(5)(6) of the Civil Code) In addition, it may be terminated by subsequent acts of the parties, which are revoked either by the act of both parties, or by mutual agreement, or by the unilateral action of one of them, such as.B. by dismissal or resignation of the representative. (Article 1919(1)(2) of the Civil Code) In addition, the Agency may also be terminated or extinguished by operation of law, such as. B, the death, civil prohibition, madness or insolvency of the Client or the Agent or the dissolution of the main company [Article 1919 (3) (4), Civil Code] This agency contract will help define the expectations of both parties before the effective start of the relationship with the Agency.
As part of these agreements, the client and agent describe their expectations of the Agency`s conduct and agree on the boundaries of the relationship between them. We often hear the words « agency », « director », « agency relationship » and « ahente ». So what do these words mean? What is the relationship between an agent and his client? What are their liabilities? This Agency Agreement is entered into on or after [Date] by and between [Sender.Company] whose registered office is at [Sender.Address] (the « Company ») and [Client.Company] whose registered office is at [Client.Address] (the « Agent »), both of whom agree to be bound by this Agreement. (c.dem staff member shall reimburse all advances paid by him, provided that he is free from misconduct [ibid.]; IN WITNESS WHEREOF, this Service Level Agreement becomes an integral part of the Agreement by its performance by the parties listed below. . CONSIDERING that the Company and the Agent wish to enter into an agreement under which the Agent markets and sells the Product in accordance with the terms and conditions contained herein. The Company pays the Agent [percentage] of all net sales of products directly from the Agent`s efforts. « Net sales of products » are defined as the amount of proceeds from sales made by the agent, less chargebacks, returns or cancellations from customers.
A modification of this Agreement will only be effective if it is made in writing and has been agreed to by both parties. In an agency contract, the completed form can enter the most important details of the relationship between the parties: things like a description of the services the agent will provide, as well as the client`s general affairs and how the client is expected to pay. A good agency contract will also cover both the client and the agent in the event of a problem: elements such as dispute resolution and applicable law should be included. 2. to pay the damage which the entrepreneur may suffer as a result of his non-performance [Paragraph 1884 BGB]; The Entrepreneur has the right to market the Product in [Territory] (the « Territory »). This Agreement and the interpretation of its terms shall be governed by the laws of the state [state] and are subject to the exclusive jurisdiction of the federal and state courts located in [County], [State]. e. Pay the Agent the agreed remuneration or, if no compensation has been determined, the reasonable value of the Agent`s services. [Articles 1875 and 1306 of the Civil Code; De Leon, The Law on Sales, Agency and Credit Transactions, 1999, pp. 277-278] Therefore, the agent must act in accordance with the client`s instructions and is obligated. In the case of goods, the customer remains the owner of the goods and reserves the right to control their handling or disposal.
. The Agent accepts and acknowledges the following with respect to the Company`s trademark: (c) if the Agent obtained it knowing that an adverse result would occur if the Client was unaware of it; and An agency contract, sometimes called an agent contract, is a document between two parties, a principal and an agent. The principal is the person who essentially « hires » or commands the agent (although there is usually no employment relationship between the two). .