General provisions



section 1 Of this Act, the commercial agent in the course of a trade or business

has agreed with another, the principal, on his behalf

independently and permanently promote the sale or purchase of goods

by taking up the offer to the principal or enter into a contract in his name.



§ 2 contractual terms contrary to the provisions of this law apply in

rather than Act regulations, unless otherwise specified in the Act. With

contract terms comparable practices that have been trained between the parties and

trade practice or other custom.



If the law is clear that a provision must not be overridden by

Agreement, the provision applies also in front of the practices that have been trained between

Parties and in front of trade practice or other custom.



3 repealed by law (1998:170).



section 4 If the agent or the principal requests it, an act that

renders the agency contract and any changes to this established and signed

of the parties.



The parties cannot waive his or her right to request such a

document referred to in the first subparagraph.



The agent's obligations



5 § Agent shall, on fulfilment of the mission principal's

interests and act loyally and after honest.



It is the responsibility of the agent designated to



1. make reasonable efforts to seek the tender and, if it is included in the

the mission, conclude agreements on such things as covered by the agency contract,



2. inform the principal about the tenders were issued and agreements

concluded, as well as other circumstances of importance for the Office of

the agent is aware of, and



3. follow the reasonable instructions of the principal.



Contract terms which are contrary to the provisions of this section is not

binding on the parties.



section 6 of the agent must properly care for goods and other things belonging to the principal and

who is the agent's possession. The agent shall hold the property insurance as

needed. Principal's goods shall be kept separately from other goods.



The agent has the right to receive payment for goods sold, he is guilty

to keep the funds separate and give an accounting of his mission.



Principal's obligations



section 7 of the principal must be sincere and after honest against the agent.



It is the responsibility of the principal and in particular to



1. leave the agent samples, descriptions, price lists and other necessary

materials relating to the goods to which the assignment relates;



2. provide the agent the information necessary for the fulfilment of the mission,

and



3. without delay inform the agent that he has adopted or

rejected an offer which the agent has sent him or to an agreement

that agent is conveyed not completed.



The principal shall without delay notify the agent, if he

anticipates that the volume of activity will be substantially less

than the agent could reasonably expect.



Contract terms which are contrary to the provisions of this section is not

binding on the parties.



Commissions, etc.



section 8 Of the agent and the principal have not agreed on the agent's remuneration,

It shall be fixed at the Customs where the agent exercises his

activity. There is no such practice, the remuneration be determined to

What is reasonable having regard to all the circumstances relating to the

the mission.



§ 9 the agent is entitled to Commission on transactions concluded during the

Mission,



1. If the agreement can be considered as having been brought about by the agent's involvement,



2. If the contract without the agent's involvement has been concluded with a third party,

the agent has previously acquired as a customer in respect of agreements of the same

kind, or



3. If the agent is assigned to a specific area or a specific clientele

and the agreement has been concluded with a third party belonging to the area or

the clientele.



section 10 of the agent is entitled to Commission on commercial transactions concluded after the

the Mission has ended,



1. If the agreement has been concluded in circumstances such as those referred to in section 9

and the agent or the principal has received third party tenders under

basis, or



2. If the agreement has come about mainly through the agent's

participation in the mission and it was concluded within a reasonable time after

the Mission has ended.



The incoming agent shall not be entitled to a Commission under section 9 on a

agreement that gives the outgoing agent entitled to Commission pursuant to the first

paragraph, unless there is reasonable in the circumstances to

the Commission is divided between the agents.



section 11 of the commissions shall be paid within one month after the end of the

quarter in which the commissions are earned.



Commission is earned when and to the extent that any of the following

circumstances exist.



1. The operator has completed the agreement with a third party.



2. The principal would, according to the agreement with the third parties have fulfilled this.



3. The third party has complied with the agreement.



The agent is not bound by the contractual terms which are less favourable for

him than the provisions of the first subparagraph.



The agent is also not bound by contractual terms that means that

commissions are earned later than when the third party has fulfilled the agreement

or would have done it, if the principal had complied with the agreement that he

should.



12 § agent's entitlement to Commission ceases to apply if it is shown that the agreement

between principal and third parties has not been completed and that this does not

depends on the principal or any relationship on his part.



If a third party has failed to fulfil the contract due to

the principal without the agent's consent, granted him deferred to

do it or agreed with him about the cancellation of the agreement, affect

This is not the agent's entitlement to Commission.



Complete the third party agreement only partially, the agent has the right to

commissions on the part corresponding to what has been completed, if not

subject to the first or second paragraph.



So then the agent's demands on the Commission as a result of the provisions of

first-third subparagraphs, he shall repay the price paid for the

much.



The agent is not bound by the contractual terms which are less favourable for

He is the first-third paragraphs.



section 13, the principal shall, not later than one month after the end of each quarter

give the agent an provisionsnota with an indication of the Commission's

earned during the quarter. Provisionsnotan shall contain all the information

of importance for the calculation of the Commission.



Have the agent completely or partially lost their right to commissions on a

Agreement, the statement is provided in the provisionsnota for the

quarter when right to the commissions has lapsed. In provisionsnotan,

in doing so, the stated reason that the right to Commission lapsed.



The agent is not bound by the contractual terms which are less favourable for

him than the provisions of this section.



section 14 of the agent is entitled to from the main man get all information

He has access to and that the agent needs to be able to

check whether the provisionsnotan contains the amount of the Commission is

earned. To such information include excerpts from the principal's

posting.



If the principal does not within a reasonable time after the request

produced leaves the agent the information referred to in the first

subparagraph, or there is reason to assume that this information or

the information contained in provisionsnotan is incorrect, the agent has the right to examine

principal's posting to the extent necessary. The principal may

in doing so, determine if the review shall be performed by the agent itself or by a

authorized or approved auditor appointed by the agent.



The agent is not bound by the contractual terms which are less favourable for

him than the provisions of this section.



section 15 if the agent is not in the correct time has a Commission or other

remuneration of principal or if there are strong reasons to believe that

He will not get it, have the agent right to the security of their

claim to withhold goods, materials and documents that belong to

principal and agent has received in order to fulfill the mission.

Powers of Attorney and other documents of particular importance for the principal

should not be kept inside.



Have the agent purchased goods for the principal's account and sent the goods on

to the principal, or agent sent back goods to the principal

what he had for sale, agent in order to ensure their

the right referred to in the first subparagraph shall preclude the goods be released to

the principal. This is true even if the principal has received

transport document relating to the goods.



The agent's right to withhold goods, materials and documents will expire when the

the principal has made acceptable security for the claim.



Contract terms which are less favourable for the agent than the provisions of

This section is not binding for the agent.



section 16 of the agent may sell goods that he keeps inside under after three

months after he has notified the principal that the goods are held

inside. The agent may cover the claims for which the goods have

provided security as profits from the sale. Sales

may be made under the hand or at public auction.



If the goods are subject to rapid deterioration or destruction or if the

claims too costly care, they may be sold earlier than the

of the first paragraph.



If the principal is in bankruptcy, the chapter 8. section 10 of the Bankruptcy Act

(1987:672).



Contract terms which are less favourable for the agent than the provisions of

This section is not binding for the agent.



Relationship to third parties



section 17 of the agent shall not, without special authorization to conclude agreements

If the sale or purchase on behalf of the principal.



In the case of distance contracts and agreements outside business premises are

specific provisions of the Act (2005:59) on distance contracts and


agreements outside business premises. Law (2014:12).



section 18 Has the agent signed an agreement on the sale or purchase of the principal's

behalf without being authorized to do so, the principal shall, unless he

approves the agreement, notify third parties. The principal shall supply

the message without unreasonable delay after he has learned

If the agreement. Make the principal not it, he is bound by the agreement.



section 19 of the principal Would not adopt a tender agent has received,

the principal shall inform the third parties without unreasonable delay after

He has a knowledge of the offer. He does not do it, is the tender

adopted.



The first subparagraph shall not apply where the agent and the third party has

agreed that the tender shall expire if the principal does not explicitly

guess it.



section 20 third party Has issued a tender to the agent and the seller has uploaded

the tender for the main man, the third person the same right to revoke

the tender of the principal that if he himself had submitted a tender.



The first subparagraph shall not apply, unless otherwise agreed between

the agent and the third party.



section 21 Has a third-party traders are negotiated with the agent and

then received a message from the principal that he confirms a

agreement or assume a tender agent sent in, the third man,

If he believes that he has not concluded any agreement or delivered an

tender or the contract or tender is falsely reported, notify

the principal without delay. Do third parties not it and

He may also not show the message was incorrect, he is considered to have

entered into an agreement with the content of the message from the principal

holds.



section 22 of the agent shall not, without special authorization to receive

payment for goods sold or after an agreement has

concluded allow deferred payment or reduction in

the price or other changes in the agreement.



If the principal becomes aware that the agent without authorization

has taken a measure referred to in the first subparagraph in respect of

a contract may be considered to have been brought about by the agent's

participation or which have been concluded with a third party who hears

an area or a customer that has been assigned

the agent, the principal, if he or she does not want to accept

action, notify third parties without unreasonable delay. If

the principal doesn't do it, he or she shall be deemed to have accepted

operation.



In the case of distance contracts and agreements outside business premises are

specific provisions of the Act (2005:59) on distance contracts and

agreements outside business premises. Law (2014:12).



section 23 Would third parties rely on the failure of a purchased product or delay with its

the submission or would he give the operator any other communication relating to

the fulfillment of a contract, he may turn to the agent, if the agreement

can be considered to have been brought about by the agent's involvement or has

entered into with a third party who belongs to an area or a clientele that

assigned to the agent. He may not, without special authorization to meet

No decision in respect of such a communication.



Get the principal to the agent without authorization have met

such a judgment referred to in the first subparagraph, the principal shall, if

He does not want to approve the decision, notify the third parties without

unreasonable delay. He does not, he shall be deemed to have accepted the decision.



Agency termination etc.



section 24 of an agency contract which was concluded for a fixed period, of the agent

or the principal unless to cease after the notice period

specified in the second subparagraph.



The period of notice is one month during the first year of the mission.

The notice period is extended with a month for each started the year by

basis until the notice period is six months.



The parties may not agree in advance on shorter notice than that

It is said in the second paragraph. However, they agree that the termination of the agent's

page may be made with three months ' notice, although the Mission has

lasted for three years or longer.



If the parties agree on longer periods of notice than what is being said in other

paragraph, period of notice shall not be less in the event of termination by

principal's page than the agent's page.



The notice period shall be calculated from the end of the calendar month in which the

the dismissal took place.



section 25 of an agency contract entered into for a fixed period contract ends

end of the year.



If the parties continue the agency relationship after contractual period,

the contract shall then be considered as a non fixed-term contract. At

the calculation of the termination period under section 24 for such contract shall

taking into account the duration of the agency relationship has lasted.



Contract terms which are contrary to the provisions of the second paragraph is not

binding on the parties.



section 26 of the agent or the principal may terminate the agency contract with immediate

effect, if



1. the defendant has failed to fulfil its obligations under

agreement or the law and the breach is of material importance to the

Andre and the defendant knew or should have known this, or



2. it is an important basis to withdraw prematurely.



Anyone who wishes to terminate the agreement prematurely shall do so without undue

break after he had or should have had knowledge of the

circumstance that he invokes. He does not, he loses his right to

invoke the fact.



The agent is not bound by the contractual terms which are less favourable for

him than the provisions of this section.



section 27 if the agent or the principal declares bankruptcy, terminated

the agency agreement to be valid. Notwithstanding the principal's bankruptcy may, however,

the agent do the Mission for the period until the end of the day after

It then release on bankruptcy decision was published in Gazette

Newspapers, if he has not previously had or should have had knowledge of the

the bankruptcy.



section 28 When the agency contract is terminated, the agent is entitled to severance pay,

If and to the extent



1. the agent has brought the principal new customers or substantially increased

trade in your existing customer base and the principal will be

a significant advantage of the change, and



2. severance pay is reasonable having regard to all the circumstances,

designated agent's loss of commissions on contracts with the first point

specified customers.



The provisions of the first subparagraph shall apply mutatis mutandis, if

the agency relationship is terminated due to the agent's death.



Severance pay not exceeding an amount equivalent to one year's

reimbursement, calculated according to the average of the last five years

or the shorter time that the assignment has lasted.



Contract terms which are less favourable for the agent than the provisions of

This section is not binding for the agent.



section 29 of the agent is not entitled to severance pay in accordance with section 28, if



1. a principal terminates the agency contract due to agent

intentionally or by negligence materially breached its duties

against the principal and the breach is of such a nature that gives

the principal is entitled to terminate the contract with immediate effect according to section 26 of the

the first subparagraph of paragraph 1, or



2. the agency agreement is terminated as a result of the agent's bankruptcy, or



3. agent, in agreement with the principal entrusts the Agency with any

other.



Contract terms which are less favourable for the agent than the provisions of

This section is not binding for the agent.



section 30 of the Said agent himself up the agency contract, he is entitled to

severance pay under section 28 only if



1. termination based on a circumstance on the client's side of the

the kind that gives the agent the right to terminate the contract with immediate

effect under section 26, or



2. it due to age or disease agent or similar

not reasonably be claimed that he continues his activities.



Contract terms which are less favourable for the agent than the provisions of

This section is not binding for the agent.



section 31 Agent loses his right to severance, if he is not in the

a year after the agreement ended the principal announces that he requires

such a consideration.



Contract terms which are less favourable for the agent than the provisions of

This section is not binding for the agent.



32 section the agency contract terminated, the agent, until the principal

himself can defend their interests, take such measures as are necessary

to protect the operator against loss, if there is no consequent

significant cost, inconvenience or financial risk for the agent. The latter has

right to equitable remuneration for the measures.



33 § When the agency contract has been terminated, the agent to the principal

return of goods, materials and documents he has received for that

fulfill the mission. The agent has the right to security of the claim

include the principal's property in accordance with section 15 and sell the

According to section 16.



Damages



34 section Fails the agent or the principal to comply with their obligations

under the agency agreement or the law, he is liable to compensate the other

the injury arising therefrom, unless he proves that the failure is not

due to negligence on his part.



Terminated the agency contract to expire as a result of the bankruptcy of one of the parties,

have the other party is entitled to compensation for the damage incurred

Hence.



Anyone who wants to claim damages shall notify to the other without

unreasonable delay after he had or should have had knowledge of the

the circumstances which are the basis for the claim. He does not do it,

He loses his right to damages except in cases when the other has

acted grossly negligent or in breach of good faith.




Contract terms which are less favourable for the agent than the provisions of

This section is not binding for the agent.



Non-competition clauses



section 35 agreement between the agent and the principal to the agent shall not

operate after the agency contract has ended

(compete) is binding for the agent only if and to the extent

the non-compete clause



1. have been prepared in writing



2. refers to the area or the customer that has been assigned to the agent, and



3. refers to the kind of goods the agency agreement applies.



The agent is not bound by a non-competition clause in so far as it relates to

more than two years after the agency contract has been terminated.



The provisions of this paragraph shall not prevent the Act (1915:218) if

contracts and other legal documents on property law applies

on a non-competition clause.



Some messages



36 § has a message from the agent under 16, 31 or 34 §, from

the principal is under 18, 19, 22, 23 or section 34 or from third parties

According to section 21 sent properly, getting the message invoked

even if it is delayed, mutilated or cannot be identified.



Transitional provisions



1991:351



1. this law shall enter into force on 1 January 1992.



2. in the case of agency agreements concluded before its entry into force

apply the provisions of the law on commercial Agency (1914:45) if

Commission, commercial agency and Traveler to the end of 1993.



1998:170



This law shall enter into force on 1 July 1998.



The repealed paragraph still apply, however, in the case of

agency contract concluded before its entry into force.