If the company negotiates not only commissions, but also its own products, the accounting of these transactions should be held separately. The next advantage is the simple processing of returns. If it is established that the product is defective, that the time for its sale has passed, or that for some reason « is not gone « , then it is easy to return it because it is not yours, but the customer. In traditional trade, the return of goods creates many difficulties ranging from red tape to taxation. Subcommittee agreements can be concluded as part of the commission agreement. The main feature of the Commission is a very specialized issue: the commission of one or more transactions. All other measures, including legal ones, are not within the delegate`s mandate, contrary to the delegate`s competence. In addition, the contract defines the relationship between the client and the contractor, that is, between the client and the agent, or between the client and the Commission representative. On 27 October 2020, the Competition Authority adopted a decision 20-D-15 rejecting as insufficiently justified the dismissal of the travel agency Travel Planet France, which specialises in business travel and is approved by IATA.
There are three types of financial or commercial risks essential to the definition of an agency agreement for the purposes of Article 101, paragraph 1. First, there are contract-specific risks that are directly related to contracts entered into and/or negotiated by the representative on behalf of the client, such as equity financing.B. Second, there are the risks associated with market-related investments. These are investments that are necessary specifically for the type of activity for which the contracting authority has appointed the agent, that is, which are necessary to enable the agent to enter into and/or negotiate this type of contract. Such investments are usually sewn, which means that the investment cannot be used or sold for other activities, except with a significant loss, after leaving this field of activity. Third, there are the risks associated with other activities in the same product market, to the extent that the contracting entity requires the agent to engage in such activities, not as an agent on behalf of the client, but for his or her own risk. Many states apply the rule of the same dignity, according to which the agency agreement must be written if the subsequent agreement was necessarily written, as. For example, a contract to purchase goods worth thousands of dollars.
The salesperson must control the behaviour of his own salespeople. This is the main lesson that can be learned from the judgment under comment. Company N, whose objective is the marketing of dietary supplements, uses the exclusive services of company C as part of a commercial agency contract in 2006; (…) These agreements, i.e. the agency agreement and the committee agreement, as well as, to some extent, the commission agreement, are transactions that govern legal relations with intermediaries. In a decision of 18 July 2018, the Paris Court of Appeal recalls the pickets and the consequences of the breach of the commercial agency contract.