jkrJewels

“These gems have life in them. Their colors speak, say what words fail of.“ – George Eliot

Sub Agency Agreement Sample

The practice of a ship agent employing a sub-agent in a port where the agent himself does not have an office will be known to many readers of The Intermediary. The custom seems to be improving, and this seems to be due to the client`s desire to deal with a small number of agents around the world, so that the officers themselves must make their own arrangements for local representation. FONASBA (Federation of National Associations of Shipbrokers and Agents) recognized the requirement for a standard document and recently published the first edition of a sub-agency agreement. This was adopted at the last annual meeting of FONASBA in October 1998 in Slovenia. The document has also been approved by the Baltic and International Maritime Council (BIMCO). This case clearly shows that members who, in the absence of a specific agreement between the captain and the general agent, act as sub-agents in the activity of the regular lines, will not be agents of the client. They would therefore have no solution against the carrier in the event of the general agent`s insolvency. However, if the carrier is to be linked, a clause should be inserted into the airline agency`s agreement in the following directions: in practice, it can obviously be difficult to convince a line leader to agree that the sub-agents appointed by the general plenipotentiary actually act as representatives of the client. A similar case was tried in Canada in 1986 concerning the bankruptcy of a general agent.

Once again, the sub-agents failed to convince the court that there was a “contractual practice” between the client and the sub-agent (the contractual relationship between the two parties to the agreement). The Canadian Court was referred to an English case, Calico Printers` Association v. Barclays Bank, and in particular to Wright J.`s decision, which stated: FONASBA are also the publishers of the Standard Liner Agency Agreement and the General Agency Agreement (for Liner Services), both of which were revised and adopted in July 1993. The FONASBA sub-agency agreement follows the general layout of the Standard Liner agency agreement and contains clauses dealing with general terms and conditions, accounting and finance, remuneration, insurance, duration, sub-agent tasks, functions of the delegate general and finally the court. As an alternative to establishing an exhaustive list of the subcontractor`s tasks, the agreement refers to the agency agreement between the line and the general plenipotentiary and leaves it to the parties to identify the tasks covered in this document that the subcontractor must perform instead of the general plenipotentiary. However, compensation does not apply to matters arising from the premeditation or negligence of the sub-agent. Although the FONASBA Standard Liner Agency agreement contains a similar clause requiring the line manager to compensate the agent, most agreements developed by the line companies or their lawyers do not contain such a provision. It is therefore important that officers try to negotiate the inclusion of such a clause when they are appointed first by a new line leader. The Company and the Agent want to enter into an agreement under which the agent will market and sell the product on the terms and conditions. .

[Client.Prénom] [Client.Lastname][Client.Company] 2. In the event that the agent receives commissions for refunded orders, later repaid, or if the entity has not realized the revenues from such a sale, the agent charges all future commissions paid by the amount of commissions actually paid if the revenue that the entity has not realized has never been subscribed.

Posted in Uncategorized 5 months, 1 week ago at 8:12 pm.

Add a comment

 

Comments are closed.