Legal Templates

Ordinary Commercial Agency Contract

A Syrian ordinary commercial agency agreement under which a principal appoints a commercial representative to conclude one or more sales or purchases in the principal’s name and for its account. It addresses remuneration, remittance of proceeds, expenses, term, termination, liability, and jurisdiction.

Syria
Country
Contract
Instrument type
Agency Contract
Category
Back to templates

Published template · Contract

Ordinary Commercial Agency Contract

First Party: [Principal] Second Party: [Representative/Agent]

Preamble

Whereas the First Party is a merchant registered in the Commercial Register in [place of registration], under registration number [registration number], dated [day/month/year], and carries on the trade of [type of trade], and is in need of a commercial agent in [place of agency] to conclude on its behalf a transaction/transactions for [description of transaction] in [place of concluding the transaction] with [name of person/company], in its name and for its account;

And whereas the Second Party has experience in commercial activities and owns a commercial undertaking under the name [name of undertaking] for commercial agencies, registered in the Commercial Register in [place of registration] under registration number [registration number], dated [day/month/year], and is prepared to undertake the said agency in the name and for the account of the First Party;

Therefore, the two parties, being in full capacity recognized by law and Sharia, have agreed as follows:

Article (1)

The preamble to this contract shall constitute an integral part thereof.

Article (2)

A - The First Party has appointed the Second Party, who has accepted, to sell/purchase, in its name and for its account, [description of goods or transaction], in one lot/in several lots, from its owner or holder, [name of person/company], in [place], for cash/on credit, in return for a fixed fee of [fee amount] Syrian pounds, or in return for a fee according to the tariff issued by [issuing authority]. The First Party shall pay the fee to the Second Party upon conclusion of the transaction, without making its entitlement conditional upon the contracting parties’ failure to perform their obligations.

B - The Second Party undertakes to deliver to the First Party personally, or to deposit in its name into its bank account number [account number] with [bank name], the amount it collects from the value of the transaction, no later than five days from the date of its completion. The Second Party shall be liable for interest at the rate of [interest rate]% on each amount whose delivery or deposit is delayed.

C - The Second Party shall be entitled to reimbursement of all expenses, advances, costs, and storage and transportation expenses incurred for the account of the First Party, together with interest thereon at the rate of [interest rate]% from the date on which they were paid.

Article (3)

The First Party shall bear the risks of a sale on credit, or the Second Party shall bear the risks of a sale on credit that it has guaranteed. In return for this guarantee, the Second Party shall be entitled to an additional fee at the rate of [additional fee rate]% of the guaranteed value.

Article (4)

The Second Party may not conclude the transaction for its own account, either personally or through an intermediary.

Article (5)

This contract shall not, under any circumstances, be deemed an employment contract between the parties.

Article (6)

The Second Party undertakes to supervise the performance of the transaction, carry out the official procedures required for it, and obtain the necessary licences. It also undertakes to contract for the transportation of the goods for the account and at the expense of the First Party.

Article (7)

A - The term of this agency shall be the period necessary to complete the transaction/transactions mentioned in the preceding Article (1).

B - Either party may terminate this agency before completion of the transaction. If the First Party cancels this agency, or if the Second Party withdraws from performing it, the party that cancels or withdraws shall be liable to compensate the other party for the loss sustained and the profit missed.

C - This agency shall terminate upon the death, bankruptcy, or loss of legal capacity of either party, without compensation to either party.

Article (8)

A - The Second Party may not exceed the limits of this agency and shall be liable to compensate the First Party for all damage suffered by it as a result of such excess. It must also bring the activities it has commenced to a condition in which they are not exposed to cancellation or deterioration.

B - The First Party shall be liable for any damage suffered by the Second Party, without fault on its part, as a result of the ordinary performance of the agency.

C - If reasons not resulting from the fault of the Second Party prevent completion of the transaction/any of the transactions, or if their contracts are rescinded or annulled, the said party shall have no right to claim any fee from the First Party; it shall only have the right to compensation for its efforts.

Article (9)

Each party has elected the address stated in the preamble as its chosen domicile for service of all notices relating to this contract and its performance.

Article (10)

The Civil Court of First Instance in [place] shall have exclusive jurisdiction to hear any dispute arising between the parties, to the exclusion of all other courts.

Article (11)

This contract was drawn up and signed in two copies, each party retaining one copy after it was read to that party and its contents were understood.

[Place], [day/month/year]

Second Party First Party
[Representative/Agent name and signature] [Principal name and signature]