Descrizione
Pubblicazione disponibile nel eBook-PDF (Download immediato).
This “short form” is a simplified contract intended for parties who do not want a detailed commercial agency contract, but prefer a shorter simpler form covering only the most essential issues.
It should be stressed that a “short form” contract will contain only provisions which cover the most typical issues arising between the parties and will not provide the choice of more sophisticated alternative provisions which might actually be more appropriate for some users. Indeed, some issues may arise which are not covered at all and they will be left to be determined by the courts.
If parties need more sophisticated solutions, they should use the “full” ICC Model Commercial Agency Contract (Publication No. 838E), which provides a more complete set of clauses and options (particularly through the annexes).
The model has been made bearing in mind mainly the situation of agents who promote the sale of goods. It can also be applied to agents who promote services, but in that case the parties should check if all clauses are appropriate for their situation.
Many clauses of the model include the words “unless otherwise agreed”. This wording has been used in order to draw the attention of the users to the possibility of choosing other solutions which may be more appropriate for their specific needs. However, this does not mean that in the absence of the indication “unless otherwise agreed” the parties cannot agree otherwise.
Only in some cases, where parties should be sure that they really want a different solution (or where it may be difficult to understand what their real intention was) it has been preferred to use the words “unless otherwise agreed in writing”, in order to make clear that parties can depart from the contractual provision only by a written agreement.
