Force majeure is an extreme and unavoidable circumstance that prevents the fulfillment of the tasks specified in the document. In this case, the party must prove that such circumstances led to the impossibility of fulfilling the obligations.
Some situations are automatically recognized as force majeure:
Natural disaster.
Epidemic.
Strike.
Hostilities.
Terrorist act.
Sabotage.
Restrictions on transport and trade.
Closing borders.
A force majeure clause in a contract how to use the rcs database for direct marketing may include not only generally accepted situations, but also other circumstances that may affect the fulfillment of obligations:
Economic crisis or currency devaluation resulting in a shortage of funds to pay agency fees.
Actions or inactions of third parties that prevent the fulfillment of the terms of the agreement. For example, the impossibility of issuing goods to customers due to the Internet being disconnected at the point of issue of orders, which is caused by technical problems or provider errors.
It is not possible to purchase goods that are required to fulfill obligations. This may happen, for example, due to sanctions.
A crime was committed for which the perpetrators were not found (for example, hacking into a company account and stealing all the money).
If these situations are not specified in the contract as force majeure, then the parties, in accordance with the law, will be obliged to fulfill their obligations within the specified time frame, despite the problems that have arisen.
Confidentiality
Confidentiality is an important aspect of an agency agreement, which may include financial penalties for leaking classified information. The text of the agreement should define what data will be considered confidential for the parties.
Guarantees
Guarantees are also important for an agency agreement, especially if the intermediary is engaged in the sale of goods, services or works that fall under the requirements for quality assurance. It is recommended that the document clearly state who will accept claims from clients, conduct examinations and repairs if necessary.
A contract can be either permanent or concluded for a specific period. For example, an agreement can be valid for one year until a specified date or until the fulfillment of certain obligations by the parties.
Document for download
Sample of filling out an agency agreement