TERMS AND CONDITIONS
DIRECT CONTRACT OF SALE: The confirming house, when placing the order with the agent, states that it purchases from the exporter in its own name. The confirming house becomes a party to the contract of sale and is liable for the acceptance and the price of the goods. The confirming house remains liable
even if the exporter knows that the goods are destined for export and resale to another buyer - even if the exporter is aware of
the overseas buyer.
EXPORT AGENT: can be described as an experienced organisation that specializes
in selling other people´s goods in foreign countries. Set up to be market experts for particular overseas markets, they always concentrate on one, or a small number of market(s). Their specialization usually includes knowledge of the relevant local mannequin conditions.This agreement is to be governed by,
and construed in accordance with the agents agreement.
THE AGENTS AGREEMENT: has to provide for jurisdiction by stipulating a court which will be competent in the case of proceedings arising out of the agents agreement. The principal may reserve the right to commence proceedings in any jurisdiction.
WARRANTY: Agent agreements can only be set up between parties that have capacity to contract: Both parties must be legally entitled to enter into agent agreements, either in the position of principal, or agent. Therefore, each of the parties warrants that it possesses the necessary powers to enter into such relationship. The agent shall exercise all reasonable care and skills in the performance of duties and shall act faithfully on behalf of the principal.
(company type: privately held company)