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Law on trade agents and trade travelers (agency law). |
| Date | LOCALLY-1992--06-19-56 |
| Ministry of | The Justis and the Department of Emergency |
| Last modified | LAW-2005--06-17-62 from 01.01.2006 |
| Published | In the No. 12 |
| Istrontrecation | 01.01.1993 |
| Changing | LO-1916-06-30-1 from 01.01.1993 |
| Announcement | |
| Card title | The agenti law-agl. |
Jf. former law 30 June 1916 # 1 3dje and 4de chapter. Jf. EES deal Attachment VII # 5 (dir 86/653). The Lovens cap. IV and VII are not touched by the EES agreement.
With a trade agent understood in this law it as in nutritional business by appointment with another (main man) has claimed self-employed and over time to work for sale or purchase of goods for the main man's bill by obtaining orders to the main man or by making deals in the master's name.
With a trade traveler understood in this law an employee who has tasked with seeking to third-person and works for sale or purchase of goods, which did not co-be, by obtaining orders to the employer or by making deals in the employer's name.
The provisions of this law do not apply when something else follows of agreement, established practices, trade use or other vice habit, unless it follows by the law that a provision shall be imirlable.
A provision that after the law is irlable, cannot be set aside to damage to the trade agent or the trade traveler through an agreement that foreign court is to be applied to the relationship, if the legal relationship without the legislant agreement would be to judge by Norwegian right.
Each party may require agreements to be set up in writing and to obtain an underwritten copy of the agreement and later change agreements.
The provisions of this paractment cannot be the absence of the parties.
By the execution of the mission, the trade agent shall loyally and the proper care of the master's interests.
The trade agent is going to be especially :
| 1) | make reasonable efforts to overtake orders and, if the mission includes it, strike deals, |
| 2) | inform the main man about orders that are obtained and agreements reached and whether other conditions the agent knows that is of importance to the mission, and |
| 3) | follow reasonable instruction from the main man. |
The provisions of this paractment cannot be the absence of the parties.
The trade agent is supposed to take good care of goods and other that belongs to the main man and as the agent has dealt with. The agent is supposed to have such insurance that is common after conditions. The main man's goods are to be kept separate from other goods.
Does the trade agent have the right to receive payment for sold goods, the received amounts shall be kept separate from other means. The agent shall account for the main man for all received amounts.
The main man is to perform loyally and fair to the trade agent.
The main man is going especially :
| 1) | leave to the trade agent samples, descriptions, price lists and other materials that are necessary in connection with the goods that the mission applies, |
| 2) | provide the information that is necessary for the agent to conduct the mission, and |
| 3) | without undue stay inform the agent about what orders have been declined and which ones are accepted and whether the agreements the agent has conveyed that is not being conducted. |
If the main man can predict that corporate scope becomes significantly smaller than the trading agent normally had reason to count on, the lead man without the undue stay will inform the agent about this.
The provisions of this paractment cannot be the absence of the parties.
Does not fill the trade agent or chief of his duties after the agency agreement or by law, the opposing party may require replacing their losses as a result of this. This does not apply if the other party can prove that the relationship is not due to failure or neglect on its side.
The person who will demand compensation shall inform the other party of this without due stay after he or she or should have received knowledge of the conditions that lie due to the requirement. Otherwise, the court's court to damages, unless the opposing party has acted grossly negligent or otherwise in violation of realty and good faith.
The party that requires damages shall at reasonable measures limit their loss. Forsshame this, the party itself must bear the equivalent of the share of the loss.
The replacement can be set down if it will seem unreasonable for the responsible party out of the casualty's size relative to the loss that usually occurs in similar cases, and conditions otherwise.
The provisions of this paragrafen cannot in advance of the absence of any damage to the trade agent.
Have the parties not agreed to the size of the settlement, the trade agent has demands on such a settlement that is common in the area where the agent exercising his business. Is there no such thing as common satisfaction, the settlement shall be set to what is reasonable when one takes into account all circumstances of the mission.
The trade agent has the right to commission of agreements as a goose in parenting time, if :
| 1) | The deal has been made at the agency's complicity, |
| 2) | The deal without the agency's complicity has been reached with a third person the agent previously obtained as a customer for similar deals, or |
| 3) | The agent has been assigned a specific area or a specific customer base, and the agreement without the agency's complicity has been reached with a third-person hearing to the area or customer circuit. |
An added-size trading agent has no claim on commission after the first clause of an agreement that gives the preceding agent straight to commission after Section 11, unless it is naturally that the commission is shared between them.
The trade agent also has the right to commission of agreements that are incomes after the mission is concluded, if :
| 1) | The deal otherwise meets the terms of Section 10 and the agent or the main man has taken to the third-person order in parenting time, or |
| 2) | The agreement has come in able primarily as a result of the agency's business in the mission of the mission and the agreement has been reached in reasonable time after the mission ended. |
The commission's earnings as soon as and in the scope of the following circumstances have been :
| 1) | The main man has delivered the goods or paid the purchase of the purchase. |
| 2) | The main man was supposed to after the deal have delivered the goods or paid the purchase of the purchase. |
| 3) | Third, the third party has delivered the goods or paid the purchase of the purchase. |
| 4) | Thirty-man was supposed to after the deal have delivered the goods or paid the purchase of the purchase, provided that the main man had fulfilled his share of the deal. |
The commission is due to be paid by the latest within a month after the expiration of the quarter that the commission was earned in.
The provisions of the first clause 3 and 4 and in different joints cannot be waived to damage to the trade agent.
Trade agent loses his claim on commission if it is resettled that the agreement between the main man and the third party did not be met and this is not because of the main man or relationship on dennes side.
Skyline's third-person inability to come true that the lead man has given the referral or repealended the agreement does not affect the trade agent's claim on commission. This is still not applicable if the agent has consented.
Enfills the third-party agreement only partly, the merchant agency's claim to the commission of the part that has not been met, if this follows by first and second clause.
Abducharges the claim on commission after the first to third clause, the trade agent shall pay back what is paid for much.
The provisions of the first to third clause cannot be waived to damage to the trade agent.
The main man shall be at the latest one month after the exit of each quarter sending the trading agent a task of information on the commission that has been made in the quarter. The provision task shall contain all of the information that is of significance by the calculation of the commission.
Has the trade agent completely lost or partially lost the court to the commission of a deal, there shall be information on this in the task of the quarter the court dropped. It shall be disclosed in the paper why the court of commission has been dropped.
The provisions of this paragraph cannot be waived to damage to the trade agent.
The trade agent has the right to obtain any information from the main man who this has access to and as the agent needs to be able to verify whether the commission's commission contains the commission charges that have been made. The agent has in this context straight to excerpts from the main man's registered accounting information.
Decline the main man to give information as mentioned in the first clause, or they do not come within reasonable time, the trade agent has the right to even probe the master's registered accounting information and accounting material. The main man can decide that a state authority or registered auditor shall conduct the review instead of the agent. The agent chooses the auditor. The agent has corresponding rights if there is reason to assume that information in the commission task or information given after the first clause is incorrect.
The provisions of this paractment cannot be waived to damage to the trade agent.
| 0 | Modified by law 17 July 1998 # 56 (ikr. 1 jan 1999). |
Has the trade agent not received commission or other satisfaction from the main man in the right time, the agent in the extent that it is necessary to ensure its requirements, the right to withhold goods, material and documents belonging to the main man and as the agent have received in connection with the mission. The agent has the equivalent right if it is clear that the main man will be delayed with the payment. Completes and other documents that are of essential importance to the main man, the agent cannot hold back.
Has the trade agent purchased goods for the main man's bill and passed the goods on to the main man, the agent has been laughing in his backdrop after the first clause of the right to prevent them from being issued to the main man. The agent has the same right when it comes to the goods the agent has had for sale for the main man and who has been sent back. This applies even though the main man has received transport documents.
Trade agency's backdrop is falling away when the main man is setting satisfying security for the agent's demands.
The provisions of this paractment cannot be waived to damage to the trade agent.
The trade agent has the right to sell goods held after Section 16, when three months from the main man were given notice that the goods are being held. The sale is going to happen in a defensible manner. When possible, the agent should give the main man reasonable notice that the goods will be sold. The agent is supposed to cover the challenges of the main man with revenue from the sale as far as they reach.
Are the goods exposed to rapid destruction or deterioration, or are retention of the goods unsustainable costly, they can be sold earlier than that of the first clause.
The provisions of this paractment cannot be waived to damage to the trade agent.
The trade agent cannot without very clear warrant deals on purchase or sale that binds the lead man.
Has the trade agent reached agreement on sale or purchase for the main man without a warrant for it, the main man will report to the third-person if the deal is not approved. Such message must be given without unfounded accommodation after the main man received knowledge of the agreement. Otherwise, the main man is bound by the deal. This is still not applicable if the third person understood or should understand that the trade agent made agreement without the authorization of it.
Will the main man not assume an order the merchant agent has obtained, the main man will report to the third-person without unfounded residence after being able to have knowledge of the order. Otherwise, the main man is considered to have approved the order.
The first clause does not apply if the trade agent and third-person have agreed that the order shall be taken away if the main man does not explicitly approve it.
Has the third man given an order to the trade agent, and this one has sent the order on to the main man, has tripled the same right to recall the order to the main man as if the order was sent directly to the main man.
The provisions of the first clause do not apply if anything else is agreed between the trade agent and third-person.
Has a nutritional third-person negotiated with the trade agent and then received message from the main man confirming an appointment or assuming an order that the agent has sent in, must be third-person report to the main man without any unfounded residence if he or she will make current that there is no agreement, that it has not been given any order, or that the agreement or order is incorrect rendered. Otherwise, agreement is deemed to be reached with the content that the message from the main man had, unless the third man proves otherwise.
The trade agent cannot accept payment without the fact that there is a very clear warrant for it. The agent also cannot after the agreement has been reached, without very particular authorization of the payment, put down the price or make any other change in the agreement.
Getting the main man knowledge that the trade agent has gone out over his right after the first clause, the main man will report to the third-person without due stay if the payment or change does not get approved. Otherwise, the main man is deemed to have approved the change or payment. This is still not applicable if the third person understood or should understand that the trade agent had no right to receive payment or make a change deal.
This paragrafen applies to the equivalent of purchase from the third-person.
Will third-person do current that it is missing at purchased goods or that they have been delivered late, the message of this may be addressed to the trade agent if this has co-worked at the incomes of the agreement or third-person hearing to the agent's area or customer service. Corresponding applies to other messages third-person will give the main man in connection with the fulfillment of the deal. The agent, however, cannot without very clear authorization of any decision in connection with the messages.
Getting the main man knowledge that the trade agent with no particular authority has struck such decision as mentioned in the first clause, the main man will report to the third-person without due stay. Otherwise, the main man is bound by the agency's decision. This is still not applicable if the third-person understood or should understand that the trade agent hit the decision without the warrant of the warrant.
This paragrafen applies to the equivalent of purchase from the third-person.
An agency agreement that has not been reached for a specific amount of time, the trade agent and the main man can say up by the rules of other clause.
The signing time is a month the first year of the agency agreement. The grace period extended by a month for each commended year of the agency agreement, until a notice period of six months has been achieved.
The parties cannot in advance deal shorter notice time than what is set forth by other clauses. It can still be agreed that the trade agent could say up the deal with three months notice even if the agency agreement has lasted three years or longer.
The agreements parties longer notice deadlines than what is set forth by other clauses, the notice period must not be shorter at termination from the main man than at termination from the trading agent.
The grace period is counted from the exit of the calendar month the resignation occurs.
An agency agreement that has been reached for a specific amount of time falls away at the end of the term.
Continuing the parties agency relationship after the end of the term, the agreement shall then be counted as a not time-term agreement. By the calculation of the notice period in Section 25, the prerequisite time-term term is counted.
The provisions of other clause cannot be the absence of the parties.
The trade agent and the main man can raise the agency agreement with immediate effect if the opposing party has not fulfilled its duties following the agreement or the law and this entails significantly contractual violations.
The person who raises the agreement must report this without due stay after the person or should have received knowledge of the relationship that gives the right to raise the agreement and that it could grant access to raising the agreement. Otherwise, the right of the tapas is to raise. This still does not apply if the other party has been performing coarse or otherwise in violation of realty and good faith.
The provisions of this paractment cannot be waived to damage to the trade agent.
When the agency agreement terminates, the trade agent is entitled to the departure of the departure team if and in the extent :
| 1) | The agent has been attributed to the lead man new customers or noticeable increased restatement with the consisting of customer base and the main man still wants to get the key benefits of this, and |
| 2) | The departure layer is reasonably on the background of all circumstances, among them the agency's loss of commission by appointment with customers as mentioned in No. 1. |
The provisions of the first clause shall apply accordingly when the agency agreement terminates because of the trade agent's death.
The walkway team after first or other clause should not exceed an amount equivalent to one year of no-charge. This amount is calculated on the basis of the trade agent's average settlement of the last five years. Has the agreement lasted shorter than five years, it is calculated on the basis of the average payment made in the period.
The provisions of this paragrafen cannot be waived to damage for the trade agent before the agency agreement is intercepted.
The trade agent does not have the right to the graduating team after Section 28 if the main man raises or says the agreement as a result of a duty of duty that entails significant contract violations, and which can be attributed to the agent.
The provisions of this paragrafen cannot be waived to damage for the trade agent before the agency agreement is intercepted.
The trade agent is not entitled to the departure of the departure layer after Section 28 if :
| 1) | The agent says up the deal without the resignation of his resignation in relation to the main man's side, |
| 2) | The agent says up the deal without it due to age, disease or similar conditions are not reasonable to demand the agent to continue their business, or |
| 3) | The agent after appointment with the main man overleaves his rights and duties after the agency agreement to another. |
The provisions of this paragrafen cannot be waived to damage for the trade agent before the agency agreement is intercepted.
Trade agent loses its right to the departure team whose message claims that the departure of the departure layer will be conveyed, not submitted within one year from the agreement intercepted.
The provisions of the first clause cannot be waived to damage to the trade agent before the agency agreement is intercepted.
Is the agency deal unheard, the trade agent, until the main man himself can take care of his interests, do what is necessary to ensure the main man against loss. The agent's duty after the first period does not apply if the measures involve significant cost, unapartment or financial risk. The agent has the right to the resettlement of the measures.
Part Article SECTION 33. Trade agency's duty to return goods m.v.When the agency agreement is intercepted, the trade agent will deliver back to the main man goods, material and documents the agent has been given to conduct the mission. The agent still has the right to make the retroactive current after Section 16 and to sell after Section 17.
Part ArticleAn agreement between the trade agent and the main man who steps out to limit the agency's access to running business after the agency agreement is intercepted (competitive clause) binding only the agent if and in the extent it :
| 1) | has been entered in writing, |
| 2) | apply to the geographical area or the customer base that the agent has been awarded, and |
| 3) | applies to the same commodity types as the agency agreement. |
The competition clause can be highly applicable for two years after the agency agreement is intercepted.
A competitive clause can be set aside after the appointment law.
Is a message defensible from the trading agent after Section 8, 17 or 31, from the main man after Section 8, 19, 20, 23 or 24 or from third-person after Section 22, the message can be invoked even if it has been delayed, whatsoever has not come forward or is been disfigured.
Without consent, a trade traveler has no access to work for sale or purchase of goods for others other than the employer.
Part Article SECTION 37. Provision for trade travelers.The salaries of the trading traveler completely or partly with commission, applies Section 10 to 15 equivalent.
The trading traveler has demands on special allowance for expenses for travel, provision during travel, porto, telegrams, phone calls, and similar expenses.
The employer duties at the request to provide the trade traveler necessary advance to coverage of such expenses.
The provisions of this paractment cannot be waived to damage for the trading traveler.
The provisions of Section 18 to 24 and Section 35 apply accordingly.
Part Article SECTION 40. Termination.Has the trade traveler been employed for at least six months, it shall apply to a mutual termination deadline of at least three months. The signing deadline runs from and with the first day of the month after the resignation took place.
The salaries of the trading traveler completely or partly with commission, applies to Section 28 equivalent.
The trading traveler still has no right to the departure of the graduating team after Section 28 if he or she can be dismissed after work-support law Section 15 -14. The trading traveler also has no right to senior departure teams if he or she himself says up the working relationship, unless it is reasonable that the trade traveler gets the departure team.
The trading traveler also has no right to the graduating team in the extent that he or she has inflicted on the employer a loss by not fulfilling his duties following the agreement or the law. This still does not apply if the trade traveler can prove that the relationship is not due to failure or neglect on the trade-travel side. Has the employer neglected at reasonable measures to limit its loss, the employer must carry the corresponding share of the loss. The reduction in the departure layer can be restricted if it will seem unreasonable for the trading traveler from the wallpaper's size in relation to the loss that usually occurs in similar cases, and conditions otherwise.
If the trading traveler paid off the departure of the appointment, the appointment law does not apply to Section 38 third clause.
The provisions of Section 31, jf. Section 35, applies to the equivalent.
| 0 | Modified by law 17 June 2005 # 62 (ikr. 1 jan 2006 ifg. res. 17 June 2005 # 609). |
The law takes effect 1. January 1993.
Part Article SECTION 43. The transition regulations.----
Part Article SECTION 44. Changes to the Commission of the Commission.In law of 30. June 1916 # 1 about Commission, trade agency, and trading travelers are made the following changes :---
Part Article
