If you have any issues or disputes arising out of Distribution Agreements, Dealership Agreements or
Sales Agency Agreements, please contact Gilbertson Davis LLP to arrange an initial consultation.
We can act in Ontario for Canadian and U.S. Manufacturers, Distributors, Dealerships, Re-sellers and Sales Agents in a wide variety of claims and disputes arising out of distribution agreements, dealership agreements,
sales agency agreements and other agreements pertaining to the distribution of goods.
In Max Media FZ LLC v Nimbus Media Pte Ltd [2010] 2 SLR 677 («Max Media»), the plaintiff promised the defendant guaranteed amounts of payments over a period of three years under
a sales agency agreement and provided an initial bank guarantee for the sum of US$ 2,500,000 to secure its payment obligations in respect of the first contract year.
Not exact matches
In a ceremony held at Dubai Chamber's premises on Tuesday, Dubai Chamber signed an MoU with online marketing
agency Digital Falcon to boost Dubai Startup Hub's digital presence, flydubai sealed a strategic
agreement with cybersecurity startup VUL9 to deliver security staff monitoring and related services to the airline's offices across the UAE, Emirates NBD signed an MoU with VUL9 for the bank's cybersecurity projects, and Fiat Chrysler Automobiles announced a deal with logistics tech startup LoadME, a freight services aggregator, to drive Fiat Chrysler's commercial vehicle
sales in the Middle East.
But the
sale agreement stipulates that the second building and any others built afterward will be subject to 10 - year payment - in - lieu - of - taxes
agreements, or PILOTs, similar to those used by the Erie County Industrial Development
Agency for regionally significant projects.
Asked if the higher pricing of e-books, in the wake of publishers» new
agency agreements with Amazon, had also figured in the slowdown of e-book
sales, Reidy noted that in the wake of publisher settlements over e-book price - fixing charges in the case with Apple, «I'm not supposed talk about pricing,» but added that «our data says that our pricing is effective.»
The DOJ's suit builds a compelling case that, through a combination of phone calls, e-mails, and secret meetings in the wine cellars of upscale Manhattan restaurants, five of the six big publishers (Macmillan, HarperCollins, Hachette, Penguin, and Simon & Schuster) arranged
agreements with Apple to enter into
agency - model publishing, wherein retailers act as retail agents (and take 30 % of every
sale).
In light of this new
agency commission model where Amazon and Apple will no longer carry the product per se but have an
agreement to sell titles via their site in exchange for a 30 % commission on the
sale (see earlier post to get up to speed), suddenly agents need to re-examine the whole definition of net receipts in publishing contracts.
Affiliates are independent contractors, and nothing in this
Agreement will create any partnership, joint venture,
agency, franchise,
sales representative, or employment relationship between the parties.
Because retailer discounting is prohibited by the
agency agreements, retailers have been prevented from introducing innovative
sales models or promotions with respect to Publisher Defendants» e-books, such as offering e-books under an «all - you - can - read» subscription model where consumers would pay a flat monthly fee.
A. «
Agency Agreement» means an agreement between an E-book Publisher and an E-book Retailer under which the E-book Publisher Sells E-books to consumers through the E-book Retailer, which under the agreement acts as an agent of the E-book Publisher and is paid a commission in connection with the Sale of one or more of the E-book Publisher's
Agreement» means an
agreement between an E-book Publisher and an E-book Retailer under which the E-book Publisher Sells E-books to consumers through the E-book Retailer, which under the agreement acts as an agent of the E-book Publisher and is paid a commission in connection with the Sale of one or more of the E-book Publisher's
agreement between an E-book Publisher and an E-book Retailer under which the E-book Publisher Sells E-books to consumers through the E-book Retailer, which under the
agreement acts as an agent of the E-book Publisher and is paid a commission in connection with the Sale of one or more of the E-book Publisher's
agreement acts as an agent of the E-book Publisher and is paid a commission in connection with the
Sale of one or more of the E-book Publisher's E-books.
T. «Wholesale Price» means (1) the net amount, after any discounts or other adjustments (not including promotional allowances subject to Section 2 (d) of the Robinson - Patman Act, 15 U.S.C. 13 (d)-RRB-, that an E-book Retailer pays to an E-book Publisher for an E-book that the E-book Retailer Sells to consumers; or (2) the Retail Price at which an E-book Publisher, under an
Agency Agreement, Sells an E-book to consumers through an E-book Retailer minus the commission or other payment that E-book Publisher pays to the E-book Retailer in connection with or that is reasonably allocated to that
Sale.
Following the April 1 Business Insider report that implied Amazon was losing patience with HarperCollins in negotiating a new
sales agreement, Publishers Lunch has learned that Harper is preparing to return to full
agency for ebook
sales next week.
Random House, which publishes 13 of the books in physical format, was outraged at the development and promptly issued a statement announcing that it would not enter any new English - language business
agreements with the Wylie
Agency — home to 700 authors and estates — until the situation was resolved... A joint statement issued [two days ago] by the publisher and the Wylie
Agency said the two parties had «resolved [their] differences», and that the 13 «disputed» Random House titles... were being removed from Odyssey Editions and taken off
sale.
While wholesale
agreements gave publishers about 50 percent of the hardcover list price on e-book
sales, Apple's
agency deals provided 70 percent of the final e-book retail price.
There is some protection for ebook prices under
agency agreements, however: «The aggregate value of the price discounts or promotions offered by any retailer should not exceed the aggregate amount equal to the total commissions the publisher pays to that retailer over a 12 - month period in connection with the
sale of its ebooks to consumers.»
Accelerated Cost Recovery System (ACRS) Acceptance, Waiver, and Consent Procedure Account Guarantee Acknowledgment Accredited investor Accretion Accumulation period Accumulation units Acid test ratio ACRS Actively traded securities Additional bond test Additional takedown Adjustment bonds ADR Ad valorem taxes Advance / decline ratio Advertising Adviser's client account Affiliated Persons Affirmative defense Affirmative determination
Agency sales ticket
Agency transaction Agent Aggregate indebtedness
Agreement among underwriters
Agreement of limited partnership Aggregate exercise price Alpha All - or - none All - or - none underwriting Alternative minimum tax Alternative orders Alternative trading system American Depository Receipt American Stock Exchange (AMEX) American - style options AMTI Amortization Annual report Annuity Annuity units Anti-dilution clause AON Arbitrage Arbitration Asked price Asset Asset allocation Asset class Assignment Assistant Representative - Order Processing Associated persons ATS At - the - close order At - the - money At - the - opening order At - risk rule Auction market Auditor's report Automated Confirmation Transaction (ACT)
Pet Food Experts (PFX) has signed a purchase and
sale agreement with The Pawtucket Redevelopment
Agency (PRA) and the City of Pawtucket, R.I., to purchase a three - story building in downtown Pawtucket for the company's future national corporate headquarters.
He has experience resolving disputes relating to
Sale of goods
agreements, Service
agreements,
Agency contracts, Franchise
agreements, Bankruptcy and company insolvency, Contracts with professionals, and Recovering commercial debts.
Michel also advises and litigates on behalf of domestic and international companies with regard to commercial contracts including
agency, franchise and distribution
agreements, domestic and international
sale / purchase transactions and liability law.
Canada Revenue
Agency («CRA») is taking a close look at assignments of pre-construction condominium
agreements of purchase and
sale, particularly in Vancouver and Toronto.
Further he has extensive experience in negotiating and drafting of commercial
agreements, (international)
sale and purchase, shareholder and management
agreements, joint ventures and partnership
agreements,
agency, distribution and franchise
agreements.
If the property was recently acquired, the lender (or their solicitors) should review the transaction in which the borrower acquired title to the property and request copies of the purchase and
sale documents (e.g. purchase
agreement, statement of adjustments, appraisal,
agency agreement).
Central to our commercial contracts practice is advice on principal trading contracts associated with the supply of goods and services, including standard terms and conditions of
sale / purchase, long term supply
agreements, framework trading
agreements,
agency, franchise and distribution
agreements.
We have significant experience advising companies on a range of advertising and marketing matters including sponsorship and endorsement
agreements,
agency agreements, comparative advertising, copy clearance and
sales promotion schemes across a variety of media.
Her specialisms include asset finance, banking law, business affairs, including terms and conditions of
sale and purchase and website terms and conditions, commercial law,
agency, franchising, distributorships, shareholders
agreement and partnership
agreements, company law and computer and IT law.
We not only understand the technicalities and legalese involved in commercial contracts, but also offer drafting and reviewing services for such contracts, including buy - sell
agreements, franchise and licensing
agreements, partnership and limited liability company
agreements,
agency agreements, alliance and collaboration
agreements, consulting arrangements, customer service
agreements, manufacturing contracts,
sales representation contracts, supply contracts, warranties, etc..
+ Negotiated and drafted many other types of commercial contracts, including mergers, acquisitions, divestitures, strategic alliance,
sales, purchasing, joint venture, tolling, lease, construction,
agency and distributor
agreements.
He also advises on and drafts a range of commercial contracts including, confidentiality
agreements, settlement
agreements,
agency agreements and
sale of goods
agreements
We advise on disputes arising from all types of commercial
agreements, including: • Joint ventures • Franchising
agreements • Distribution
agreements •
Agency agreements • Terms and conditions of
sale of goods and service
For a general
agency agreement, ie one which does not contemplate limiting the seller to using only one agent, a term would generally be implied into the contract requiring that the agent «effectively cause»
sale: if the agent does not cause
sale, they will not be entitled to their commission (see Dashwood v Fleurets Limited [2007] EWHC 1610 (QB), [2007] All ER (D) 67 (Jul)-RRB-.
He has particular experience of the
sale of goods and supply of services, contracts of
agency (estate
agencies, recruitment
agencies and financial consultancies), franchise
agreements, seeking and resisting injunctive relief in cases concerning covenants in restraint of trade and misuse of confidential information, contracts of guarantee (enforceability and construction of terms), civil fraud, bailment and conversion, debt recovery and restitutionary remedies.
Reports indicate that the
agency might also be looking into
sales that involve Simple
Agreements for Future Tokens (SAFTs), which effectively act as a promise to eventually distribute tokens in exchange for immediate funds.
Focused on cross-brand, large - deal ($ 1M +)
sales execution and strategic
agreements for aerospace and defense system integrators as well as federal civilian, DHS, DoD and IC
agencies.
And while I did focus on qualifying buyers, I also focused my talk on educating the buyer during the process on what to expect including mortgage financing, building inspection, lawyers role and a complete review of the
Agreement of purchase and sale and buyer agency a
Agreement of purchase and
sale and buyer
agency agreementagreement.
Last summer, HUD issued a policy to exclude dual
agency agreements in FHA short
sale transactions starting October 1, 2013.
According to the language in Northern Virginia buyer
agency agreements, salespeople are paid a percentage of the
sales price.
In my buyer
agency agreement, I write that my compensation is «X percent of
sales price + [Y percent of savings (list price —
sales price + seller subsidy) if > 0] + any additional commission.»
I would even question if when a buyer doesn't have representation and Full
Agency Disclosure, if a Purchase and
Sale Agreement is legally binding — from a «meeting of the minds» perspective!
Court rules that failure to attach a dual
agency consent form to purchase and
sale agreement did not invalidate the contract, despite the fact that the contract's terms required that the form be attached.
Comments on Buyer Agent FEES if appearing on any MLS listing should read as follows:» The Seller acknowledges that Buyer
Agency Fees, as negotiated between the Buyer and the Buyers Agent may be included as part of the Purchase Price Offered, if such fees are specifically set out in the
Agreement of Purchase and
Sale.»
HUD has clarified its guidance to servicers that FHA short
sales with dual
agency agreements are eligible for up to a 6 percent commission if the contract that is submitted meets all current pre-foreclosures
sales guidelines, including the required marketing period, and yields the highest net return to HUD.
Last month, the US Department of Housing and Urban Development (HUD) issued Mortgagee Letter 2014 - 15 allowing dual
agency agreements in FHA short
sales.
I think that if we want to get our point across as to the value that we bring to the table not only in
sales and marketing but insuring a relieable national data base we should simply remove it from the public domain and cancel any recipricol
agreements with outside
agencies.
Every listing should include in it's comments and as part of the contract that «All Buyers Contracts will be honored with the Buyer
Agency Agreement Commission payable to be included in the final NEGOTIATED
sale price of the home.»
my beef is when an
Agency agreement is signed with a buyer, but you can't enforce it, if another
sales rep in the same office sells to the buyer
HUD wanted to exclude dual
agency agreements in short
sale transactions starting October 1, 2013.
Upon closing, with no clearance certificate and no holdback in the
Agreement of Purchase and
Sale, the Canadian Revenue
Agency required that the buyer pay the capital gains tax owing in the amount of $ 695,000.
This includes buyers with an accepted
agreement of purchase and
sale as of the date that the brokerage changes
agency models, as well as all those who are in
agency relationships with the brokerage.
The
agency disclosure in the
agreement of purchase and
sale would be the same for industry members practicing common - law or designated
agency.