摘要:本文是一篇维多利亚留学生委托代理人法律paper,代理有良好的当地市场知识,并且任命代理可以让主体在市场上更好地控制产品的销售和市场营销,并与他们的客户保持联系。代理了解市场,并且他们可以帮助当事人遵守当地的规则,因为他们通常有一个已经建立的贸易网和客户群,所以当事人可以通过代理来节约成本和时间。
法律学paper
问题一
引言
乔纳森琼斯想要指定一个代理,代表公司销售琼斯&家庭鞋类(JFF)的产品给客户。代理是指一个人(代理)授权代表另一个人(被代理人),创建一个与第三方法律关系的情况。
在纵向限制准则的第12段是代理协议,涵盖了一下这些情况:代理人代表委托人或以被代理人的名义赋权谈判和 (或) 签订合同,为当事人购买商品或服务,或当事人提供出售商品或服务。代理协议是从委托人的角度设计的,并且客户与代理之间没有法律关系。
委托代理人的优缺点
乔纳森希望为公司销售产品指定代理的原因可能有几个。然而,他应该意识到委托代理人的优点和缺点。
代理有良好的当地市场知识,并且任命代理可以让主体在市场上更好地控制产品的销售和市场营销,并与他们的客户保持联系。代理了解市场,并且他们可以帮助当事人遵守当地的规则,因为他们通常有一个已经建立的贸易网和客户群,所以当事人可以通过代理来节约成本和时间。
Appointing an agent
Question One
Introduction
Jonathon wants to appoint an agent to sell the Jones & Family Footwear (JFF) products to customers on the company's behalf. Agency is the situation where one person (the agent) is authorized to act on behalf of another person (the principal), to create a legal relationship with a third party.
Agency agreements, under paragraph 12 of the
guidelines on Vertical Restraints, cover the situation in which an agent is vested with the power to negotiate and/or conclude contracts on behalf of the principal in the agent's name or in the name of the principal, for the purchase of goods or services by the principal, or sale of goods or services supplied by the principal. An agency agreement is designed from the point of view of the principal and the customers will have no legal relationship with the agent.
Advantages and Disadvantages of appointing an Agent
Jonathon might wish to appoint agents for the sale of company's products for several reasons. However, he should be aware of the advantages and disadvantages offered by an agent.
Agents have good local market knowledge, and appointing an agent allows the principals to have better control of the product in the market, and over the terms of sale and marketing, and keeps their association with the customers. Agents know the market and they can help the principals with local rules as they usually have an established network of traders and a customer base, so the principal can save, by appointing an agent, costs and time. Finally, agents deal with the clients in helping to raise their export sales and can be useful for large items exports.
On the other hand, the agents might make the principal criminally liable, as the principal is responsible to customers to whom the agent sells the products. The agents act's binds the principal to agreements made by the agent. Principals can be considered as trading in a territory if they have agents there, who carry the credit risk on all transactions and they increase tax concerns. Also a principal owns to agent a lien as security for sums. In an agency agreement, the principals bear the financial risk and the cost of deliveries and they need to supply a range of clients, which can consequence in a quite intricate distribution process.
Territory
Jonathon is considering appointing an agent in UK, but to also cover France, Germany and Belgium. When appointing an agent, the principals have to think whether to list all their goods or only those which they believe they sell more successfully in the agent's territory. In the agency agreement it is important to define the territory. As many countries have their own laws in agency, an agent based in one country might n
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