First, define the scope and authority of this institution.
When signing an agency contract, we must first make clear the scope and authority of the agency. The contract shall specify the obligations and rights of the agent and the specific contents of the agency matters in detail, so as to avoid vague or too broad expressions and prevent the agent from acting beyond the scope of authorization.
Second, pay attention to the agency term and cost.
The agency contract shall specify the agency term and agency fee. For the agency period, it should be reasonable and in line with the interests of both parties; For the agency fee, it is necessary to know the composition and payment method of the fee in detail to avoid disputes.
Third, understand the credibility and ability of the agent.
When choosing an agent, we should fully understand his reputation and ability. By inquiring about relevant qualifications, performance and customer evaluation, we can ensure that the agent has enough professionalism and credibility and reduce the agency risk.
Fourth, pay attention to the confidentiality clause and liability for breach of contract.
The agency contract should contain confidentiality clauses and liability for breach of contract. The confidentiality clause shall specify the confidentiality obligations of commercial secrets, technical secrets and other information involved in the cooperation between the two parties; The liability for breach of contract should stipulate the legal liability that one party should bear for breach of contract, so as to safeguard its own rights and interests in case of disputes.
Verb (abbreviation of verb) examines the termination and termination clauses in the contract.
The dissolution and termination clauses in the agency contract are related to the stability of cooperation between the two parties. Therefore, when signing the contract, we should carefully review these terms to ensure that we can respond flexibly to various situations and avoid unnecessary losses in the process of cooperation.
To sum up:
Signing an agency contract is risky. In order to reduce the risk, both parties should define the scope and authority of agency, pay attention to the term and cost of agency, understand the reputation and ability of the agent, pay attention to the confidentiality clause and liability for breach of contract, and review the dissolution and termination clause in the contract. Before signing, we should make full investigation and understanding to ensure the legality and effectiveness of the contract.
Legal basis:
Contract law of the people's Republic of China
Article 396 stipulates:
An entrustment contract is a contract in which the principal and the trustee agree that the trustee will handle the principal's affairs.
Contract law of the people's Republic of China
Article 402 states:
A contract concluded by the trustee with a third party in his own name within the scope authorized by the principal, and the third party knows the agency relationship between the trustee and the principal when concluding the contract, the contract directly binds the principal and the third party, unless there is definite evidence to prove that the contract only binds the trustee and the third party.
Contract law of the people's Republic of China
Article 406 states:
If the paid entrustment contract causes losses to the client due to the fault of the agent, the client may demand compensation for the losses. If the gratuitous entrustment contract causes losses to the principal due to the intentional or gross negligence of the agent, the principal may demand compensation for the losses.