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Philip Flynn
Lawyer
PF Legal
Contributions by PF Legal Experts

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Ireland—Sales and marketing agency agreement for services—exclusive—pro-principal
Ireland—Sales and marketing agency agreement for services—exclusive—pro-principal
Precedents

This Precedent is an agency agreement for use where the principal supplies services and authorises an agent to market and procure orders on behalf of the principal (subject to the principal’s acceptance), also referred to as a sales agency agreement or a sales and marketing agency agreement. An option is also provided where the agent will enter into sales and supply contracts on the principal’s behalf (where authorised). This is primarily a pro-principal Precedent, but drafting options for agents are also provided. In this Precedent, the principal appoints the agent as its exclusive agent, which means that the principal gives the agent exclusive rights over the sale of the services in a particular geographic territory, market sector or group of customers. An exclusive agency appointment means that the principal is restricted from appointing another agent to sell the services in the territory and the principal cannot sell services directly in the agreed territory, subject to applicable competition laws. The agreement is prepared on the basis that the SI 33/1994 European Communities (Commercial Agents) Regulations 1994 (Ireland) and SI 31/1997 European Communities (Commercial Agents) Regulations 1997 (Ireland) do not apply. It also includes considerations relating to the Competition Act 2002 (Ireland) and associated Competition and Consumer Protection Commission guidance..

Other Work
Ireland—Virtual closings
Ireland—Virtual closings

This Practice Note provides practical guidance on how to exchange executed documents properly when one or more parties to a contract are not physically present. This is sometimes known as virtual signing or virtual closing. It details the guidance provided by the Law Society of Ireland on the virtual execution of documents.

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