How to draw up an agency agreement for the sale of goods. Sample contract

Accounting entries and taxation system

It should be noted right away that principal accountants do not like agency agreements. So many “troubles” and “fussing” with cash transactions that come from several agents are no longer in accounting.

Moreover, this is aggravated by the fact that the responsible person is authorized to carry out training work among unexpectedly materialized beginning entrepreneurs who know what a current account is, but do not understand how to conduct and reflect in their primary documentation the interest on transactions and the amounts intended for transfer.

Not every accountant agrees to become a teacher. The manager can either persuade his accountant or reward him with an additional bonus.

Postings of the agent when selling the principal's goods

Debit	Credit
004
50 (51)	62
62	76 Sat.
Next, you need to write off the principal’s goods from the off-balance sheet account
004
76	51
76 Sat.	76
76 Sat.	90
90	68
76 Sat.	51

Principal postings

Debit	Credit
45	41
62	90
90	68
90	45
44	76 Sat.
19	76 Sat.
76 Sat.	62
68	19
51	76 Sat.

Note: Account 76, “Settlements with various debtors and creditors,” is used for the subaccount “Settlements with the principal” and, accordingly, “Settlements with the agent.” If the principal has several intermediaries, then they are held in different subaccounts of the 76th account.

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Contract time

It is not necessary to agree on the validity period of the agency agreement (clause 3 of Article 1005 of the Civil Code of the Russian Federation). However, we recommend that you define it if you want to limit the parties' right to withdraw from the contract. In the absence of a condition on the duration of the contract, both the principal and the agent will have the right to refuse it at any time (Article 1010 of the Civil Code of the Russian Federation).

You can set the duration of the contract in different ways. For example, you can indicate a specific date until which it will be valid, or a period after which the agreement will terminate (Article 190 of the Civil Code of the Russian Federation).

(product)

_______________ “____” ______________ 20___ ________________________________________________ represented by ________________________________________________, acting on the basis of ________________________________________________, hereinafter referred to as the “Principal”, on the one hand, and ________________________________________________ represented by ________________________________________________, acting on the basis of ________________________________________________, hereinafter referred to as the “Agent”, on the one hand the other parties, hereinafter referred to as the “Parties”, have entered into this agreement, hereinafter the “Agreement”, as follows:

1. THE SUBJECT OF THE AGREEMENT

1.1. Under this agreement, the Agent undertakes to perform the actions specified in clause 1.2 of this Agreement for remuneration on behalf of, on behalf of and at the expense of the Principal, and the Principal undertakes to accept what has been performed under this Agreement and to pay the Agent remuneration for the execution of orders in the amount and manner specified provided for in this Agreement.

1.2. The Agent carries out legally significant actions aimed at selling the Principal’s products, namely: ________________________________________________ (hereinafter referred to as the “Equipment”), to counterparties (other third parties) independently selected by the Agent. For what:

● The Agent has the right to independently place advertising information in any media and in business address correspondence stating that he is the person who has the right to sell and install the Equipment specified in this agreement, and to conduct pre-contractual disputes;

● prepare agreements for the sale of Equipment to counterparties (other third parties) at the Agent’s choice on terms determined by the Agent, at a price of Equipment not lower than the price determined by the Principal in the relevant price lists, subject to updating by the Principal monthly, as well as sign additional agreements to the concluded agreements. The Agent sends the prepared contracts to the Principal for review and signature.

1.3. The Principal guarantees to the Agent that he has sufficient documents to allow him to complete transactions for the sale of Equipment during the entire term of this agreement. At the time of concluding this agreement, the Principal’s compliance with the guarantee specified in this paragraph is confirmed by the License of the Center for Licensing, Certification and Protection of State Secrets of the FSB of Russia, series ________ number ________, reg. No.________ dated “___” _____________ 20___.

2. RIGHTS AND OBLIGATIONS OF THE AGENT

2.1. The agent is obliged:

● perform the actions specified in clause 1.2 of this Agreement in accordance with the terms of this agreement;

● independently prepare draft contracts for the sale of Equipment in accordance with the Principal’s standard form and conduct all pre-contractual negotiations;

● upon completion of negotiations with the counterparty, agree on the final version of the contract, prices and delivery conditions with the Principal, and then sign the contract with the counterparty;

● immediately upon receiving from the counterparty a signed copy of the agreement for the sale of Equipment, send a scanned copy of it to the Principal at his email address specified in this Agreement, as well as the original by mail;

● prepare contracts for the sale of Equipment in accordance with legal requirements, containing all the necessary information for proper execution by the Principal (name, address of the counterparty, place of shipment of the Equipment, payment terms and bank details of the Principal, name of the Equipment);

● ensure timely execution of documents provided for in this Agreement;

● assist the Principal in the execution of transactions under this Agreement;

● not to harm the Principal’s business reputation through their actions in selling the Equipment, not to disseminate information discrediting the Principal’s business reputation;

2.2. The agent has the right:

● carry out the actions specified in clause 1.2 of this Agreement using the forces of its employees or involve third parties in the work;

● in order to execute this Agreement, enter into other agreements for the provision of services and other types of agreements with third parties on its own behalf;

● request from the Principal the current price lists for the Equipment as of the date of the request, as well as other additional information, information, documents necessary for the execution of this Agreement;

● request from the Principal information and any documents confirming the Principal’s permission to carry out the type of economic activity for the sale (production for the purpose of sale) of Equipment;

● if controversial situations arise related to calculating the cost of the sold Equipment, provide the Principal with a justification for his decision on the controversial issue;

● accept from counterparties and consider them on behalf of the Principal of applications and claims regarding pre-contractual disputes and/or contractual disputes under contracts prepared by the Agent under this Agreement, send them for approval to the Principal;

● on behalf of the Principal and on behalf of the Principal, carry out work on the execution of concluded contracts for the sale of Equipment, in particular: accept claims about incompleteness or poor quality of the sold Equipment, consider them, inspect the Equipment in order to determine the presence of defects and/or incompleteness and/or mismatch, and also, in order to establish the reasons for the identified facts, transfer the results of such work to the Principal;

● provide other services to the Principal, the composition, content and terms of provision of which will be determined by additional agreements to this Agreement or separate agreements.

3. RIGHTS AND OBLIGATIONS OF THE PRINCIPAL

3.1. The principal is obliged:

● provide the Agent with all the documents necessary to fulfill the Principal’s instructions under this agreement;

● provide the Agent, no later than three working days from the receipt of the Agent’s corresponding request, with the Principal’s current price lists for the Equipment, as well as all the necessary information for calculating the cost of the Equipment intended for sale;

● provide assistance to the Agent in the execution of this Agreement, provide, if necessary, clarifications from the Principal’s employees on issues related to the execution of this Agreement, additional information, information, as well as certificates and other necessary documents;

● provide the Agent with information and any documents confirming the Principal’s permission to carry out the type of economic activity for the sale (production for the purpose of sale) of the Equipment;

● notify the Agent of changes in payment, postal and other details (current account, legal address, as well as changes in the name of the enterprise, legal form, legal status, etc.) immediately;

● immediately notify the Agent of the termination of the License specified in clause 1.3 of this Agreement;

● give the Agent only feasible, specific and lawful instructions;

● agree on contracts prepared by the Agent in a short time, introducing changes if necessary;

● accept from the Agent the work and instructions performed by him under this agreement, accepting execution of transactions concluded by the Agent with counterparties for the sale of the Principal’s Equipment;

● execute, at its own expense and through its employees, transactions for the sale of its Equipment prepared by the Agent under this Agreement;

● pay the Agent remuneration in the manner and amount provided for in this Agreement;

● immediately inform the Agent about circumstances that have arisen that threaten the timely execution of transactions prepared by him under this Agreement;

3.2. The principal has the right:

● demand from the Agent the proper fulfillment of its obligations under this Agreement, in accordance with its terms.

4. PROCEDURE, FORM AND TERMS OF SETTLEMENTS

4.1. The Principal transfers the remuneration to the Agent to the Agent's bank account within ten days from the receipt of funds from the counterparty under the transaction concluded by the Agent under this Agreement.

4.2. The amount of the Agent's remuneration is determined in relation to each successfully completed transaction prepared by the Agent with counterparties for the sale of the Principal's Equipment, in accordance with the Appendices to this Agreement.

4.3. The parties establish the procedure for determining the Agent's remuneration as follows: the amount of the Agent's remuneration is the difference between the cost of the Equipment sold under a transaction with a counterparty, prepared by the Agent, contained in the transaction with the counterparty, and the cost of the Equipment contained in the price list of the Principal, issued by the latter on the date of conclusion of this transaction .

4.4. Payment of the remuneration due to the Agent under this Agreement is made in non-cash form within ten business days after the Principal receives funds from the counterparty under a transaction prepared by the Agent under this Agreement in full (the entire transaction price).

5. AGENT'S REPORT

5.1. The Agent, on a monthly basis, before the ________ day of the current month, provides the Principal with a report for the past billing period (last month) on the progress of execution of this agreement (in free form). If the last day of the deadline for submitting a report to the Principal falls on a non-working day, the report is provided to the Principal on the next working day following the non-working day. The report is received by the Principal in electronic form at his email address specified in this Agreement.

5.2. The Agent's report provided to the Principal contains the following information:

● the price of contracts prepared by the Agent under this Agreement;

● names of counterparties;

● the amount of the Agent's remuneration in relation to each transaction prepared by the Agent.

5.3. The Principal is obliged to accept the Report from the Agent. If you have any objections to the Report, notify the Agent about them within ________ days from the date of receipt of the Report. Otherwise, the Report is considered accepted by the Principal.

6. RESPONSIBILITY OF THE PARTIES

6.1. The parties are responsible for failure to fulfill or improper fulfillment of their obligations under this Agreement in accordance with the current legislation of the Russian Federation.

6.2. The Principal independently acts as a plaintiff (defendant) in court in disputes arising between the Principal and counterparties from contracts prepared by the Agent under this Agreement.

6.3. The Agent is not responsible for failure to comply with the terms of this agreement if the failure occurred due to failure to provide and/or untimely provision and/or provision of unreliable and/or incomplete information, the provision of which is provided for in this agreement, or the Principal’s failure to fulfill the conditions provided for in this agreement.

7. DISPUTE RESOLUTION PROCEDURE

7.1. All disputes and disagreements arising in the process of execution of this agreement, including on issues that are not resolved in the text of this agreement, the Parties undertake to resolve through negotiations. If controversial issues are not resolved during negotiations, the disputes are subject to consideration in the Arbitration Court ________________________ in the manner established by current legislation, after the Parties have complied with the claims procedure. The deadline for satisfying (or refusing to satisfy) a claim is ________ days from the date of receipt.

8. FORCE MAJEURE

8.1. None of the Parties to this agreement is liable to the other Party for failure to fulfill obligations due to circumstances arising beyond the will and desire of the parties that cannot be foreseen or prevented (force majeure), including declared or actual war, civil unrest, epidemics, blockades, earthquakes , floods, fires and other natural disasters, as well as prohibitive actions of authorities and acts of state bodies and local governments. A document issued by the relevant competent authority is sufficient evidence of the existence and duration of force majeure.

8.2. A Party that fails to fulfill its obligation due to force majeure must immediately notify the other Party of the occurrence of these circumstances and their impact on the fulfillment of obligations under the contract.

9. CHANGE AND TERMINATION OF THE AGREEMENT

9.1. This agreement terminates in cases provided for by the current legislation of the Russian Federation.

9.2. Changes and additions to this agreement are made on the basis of a written agreement of the Parties.

9.3. The Agent has the right to unilaterally, by notifying the Principal, suspend the execution of this Agreement in whole or in part, or unilaterally refuse to execute the Agreement (terminate this Agreement) in the event of a dispute arising between the Principal and the Agent regarding the agreement and/or payment of the amount of remuneration to the Agent, and also regarding issues of execution of this Agreement.

9.4. Upon termination or termination of this agreement (in whole or in part), the Principal pays the Agent a remuneration in accordance with clause 4 of this agreement.

9.5. The Principal has the right to unilaterally, by notifying the Agent, suspend the execution of this Agreement in whole or in part, or unilaterally refuse to execute the Agreement (terminate this Agreement) in the event of a dispute arising between the Agent and the Principal regarding the agreement and/or payment of the amount of remuneration to the Agent, and also regarding issues of execution of this Agreement.

10. ADDITIONAL TERMS

10.1. All changes to instructions under this Agreement are authorized to be discussed only by the heads of the Parties or their authorized (appointed) persons.

10.2. All notices and messages, Agent Reports, copies of agreements concluded under this Agreement, any other correspondence of the parties under this Agreement may be in electronic form by sending the corresponding correspondence to the parties’ email addresses.

10.3. The Agent has the right, at the request of counterparties and other third parties, to provide any information about the technical characteristics, consumer properties, service life and other necessary information about the Principal’s Equipment to be sold under this Agreement. The Agent should not request the Principal’s special consent for this.

10.4. This agreement comes into force from the moment of conclusion and is valid until the parties fully fulfill their obligations.

10.5. After signing this Agreement, all preliminary negotiations, correspondence and agreements on issues that are the subject of this Agreement become invalid.

10.6. This agreement has been drawn up in 2 original copies having equal legal force, one for each of the Parties.

11. LEGAL ADDRESSES AND BANK DETAILS OF THE PARTIES

Principal

Legal address: _____________________________________________________________________

Mailing address: _____________________________________________________________________

INN: _____________________________________________________________________

Checkpoint: _____________________________________________________________________

Bank: _____________________________________________________________________

Payment/account: _____________________________________________________________________

Corr./account: _____________________________________________________________________

BIC: _____________________________________________________________________

Agent