The European contract

Necessary for efficient marketing with your new sales agents.

By and between,
Company X….., based at……………..

And,
Mr…………, Salesman, living at……….
A sales contract has hereby been agreed upon, date

This contract is subject to the stipulations of articles L751 pursuant to the French Labor Code.

1 Object

The present agreement gives to Mr…….. the sales of all products manufactured or distributed by the employer and including….

2 Territory

The territory given in exclusivity will include the following counties:……….

3 Compensation

In payment for his services, Mr……. will receive a commission of......% ( rate determined according to the products sold), which will be subject to a monthly statement sent in the 2 week period following the end of the month and is paid upon acceptance of said monthly statement by the salesman. Commissions are to be paid on all orders placed or coming from the assigned territory (direct or indirect), without exception or reserve and they are given to the salesman upon acceptance of the order by the employer. Except by agreement between the parties, commisssions are given on orders coming from the customers, even those based outside the territory, as soon as the delivery is made in the given territory. The agreed rate of commission includes, in addition to the salesman’s salary, the amount of the social charges that the salesman commits to pay himself, in place of the company............

4 Exclusivity and mutual commitments

The salesman commits himself, for the entire duration of the present contract, not to work for competing companies. However, he will be authorized to work for any non competing companies he chooses. He commits himself to regularly visit, at the most favorble moments, his assigned customers and to keep the companies ........... informed of his activity, in particular to report all the reactions and desires of his customers whenever necessary. He commits himself to take good care of the samples and models entrusted to him. The employer commits itself to send him, each year, the affidavit signed by the French consular officer, which is required in order to apply for the professional identity card. The employer will send the salesman copies of the bills and customer correspondence, to allow the salesman to keep track of his customers. Any modification of the present contract will be subject to a mandatory written and signed endorsement by both parties.

5 Duration and termination

The present contract is signed for an unlimited duration, with right of termination upon a 1 month notice during the first year, 2 months during the second year, and 3 months after that. The first three months can be considered as a trial period. At the time of the termination of his services, the salesman will be entitled to receive the commissions on the orders in progress, and on the orders coming from the samples sent to the clients or the quotes delivered before his departure. If the employer terminates the contract without serious misconduct on the part of the salesman, the latter will be thereby entitled to receive an indemnity in compensation for losses incurred.

6 Litigation

In case of litigation regarding the present contract, the case will be appealed to the court according to the stipulations of article 5, paragraph 1 of the Brussels Convention of September 27, 1968.
The present contract, made in two copies, will take effect upon being signed.

(1)The rate of commission will have to be at least 1.5 times higher than the one which would be given by a French company.

This contract is only given for your information, and in any case, cannot be used as is. This contract absolutely must get the approval of a specialist. The responsibility of the site and its authors is in no way bound by the use of this contract.

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