Sales Representative Agreement (Australia)

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Sales Representative Agreement for use in Australia.

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In the course of conducting your business, you may need to hire or employ a person who will be your sales representative, selling the goods and services you or your company provides and representing the company to your present and future clients and consumers. In such a case, you will want to execute a clear, concise and legally valid agreement which sets forth the obligations of the parties and protects the rights of those involved in the agreement.

The importance of a well-drafted and legally valid Sales Representative Agreement cannot be underestimated. Without such agreement there is an increased chance of confusion and conflict, sometimes resulting in administrative actions and lawsuits, exorbitant legal fees, as well as the drain of time and resources dealing with said issues.

To minimize the chance of problems arising from the relationship between the company and its sales representatives, you will need a sales agreement which clearly sets forth the terms of the position, responsibilities and obligations of the sales representative, as well as the monetary details for both parties. Here you will find a form that provides all of that and more; a form which works to protect you and your company from time-consuming problems and also facilitates the creation of a seamless, profitable, and mutually agreed-upon relationship with your sales representatives.

This packet identifies and explains many key elements in drafting this document; some of the important provisions incorporated herein include the following:
  • Designation of Parties: An explanation of who the parties to the agreement are, and how they will treated/referred for purposes of this agreement.
  • Advantage of Agreement: Explanation of the benefits of specific provisions, and how they will work to the advantage of all parties to protect rights and minimize conflict.
  • Discussion of Enforceability: Details the enforceability of such agreement, and provides the optimal time to execute the agreement.
  • Confidentiality: Describes and provides confidentiality clause for protection of company and sales representative.
  • State and Federal Laws: Brief explanation of the federal and state laws which may affect the agreement and some issues that the company and all parties should be aware of in regards to the laws.
  • Explanation of Expenses: Details the specific terms regarding the way expenses will be handled, as well as the obligations of the parties in terms of such expenses.
  • Employment Status: To clearly set forth the status of the sales representative as an employee or independent contractor or other lawful relationship used in agreement.

The packet available here for purchase was prepared and reviewed by an attorney and includes the following:
  1. Checklist & Instructions for the Sales Representative Agreement for Australia;
  2. Detailed information regarding the Sales Representative Agreement Form; and
  3. Sales Representative Agreement Form for Australia.
This form is designed for use in Australia.
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.
 
 
Sales Representative Agreement
(Australia)

 

 
This Sales Representative Agreement (the “Agreement”) is made and entered on _____________________________________________, ___________, by and between _________________________________________ (the “Company”) and _______________________________________ (“Sales Representative”) (collectively referred to as the “Parties”).
 
The Parties agree as follows:
 
1.   SERVICES:
  
A.    The Company shall engage Sales Representative to sell and promote as its authorised  exclusive agent or  non-exclusive agent [check one] the following services or products of the Company, which may be changed by the Company for time to time:___________________________________ ______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ (the “Products”).  The Company shall, in its sole discretion, determine the sales price and terms of sale for the Products.
 
B.   Sales Representative, except as directed by the Company, shall determine the method, details, and means of performing the services described above; however, Sales Representative agrees to devote a minimum of _______hours per week to said services.  
 
 
C.   Sales Representative also shall periodically or at the Companys request, submit documentation of the services performed by the Sales Representative on behalf of the Company pursuant to this Agreement.  From time to time, the Company may establish performance goals for Sales Representative, and the failure to reach such performance goals may be cause for termination of this Agreement.
 
 
 
2.   TERRITORY:  The Sales Representative will sell and promote the Products in the following geographical area, which may be changed from time to time by the Company: _______________________________________________ ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
 
 
3.   COMPENSATION:  For services provided, the Company will pay Sales Representative the following commission percentage: _________% of the Sales Representatives invoiced sales price (plus any applicable GST), which shall not include shipping charges or taxes of the Products (the “Commission”).  Payment of the Commission by the Company to the Sales Representative shall be due __________ (___) days after receipt of payment by the Company of the underlying invoice.  GST  means any goods and services tax, value added tax or sales tax imposed on the sale or supply of goods, services and rights including but not limited to a tax imposed by the A New Tax System (Goods and Services Tax) Act 1999 (Cth) and the related imposition Acts of the Commonwealth.
 
 
4.   EXPENSES:  Sales Representative shall be reimbursed for the following expenses: __________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
 
5.   INDEPENDENT CONTRACTOR:  Sales Representative is an independent contractor and not an employee of the Company, and, unless otherwise stated in this Agreement, is not entitled to any of the benefits normally provided to the employees of the Company. This agreement is governed by the Independent Contractors Act 2006 (Cth). Sales Representative must provide Company with:
 
A.   a valid Australian Business Number (ABN); or
 
B.   a completed Australian Tax Office (ATO) declaration form relating to reasons for not quoting an ABN.
 
C.   If the Sales Representative fails to provide information under sub-clauses A and B above,  the Sales Representative acknowledges that the Company may be required under the Income Tax Assessment Act 1997 (Cth) to provide to the ATO a portion of the fee due for Services as prescribed under the Taxation Administration Act 1953 (Cth).
 
D.   Sales Representative warrants that taxation information provided to the Company is correct.
 
E.   If the Sales Representative does not have an ABN number, Sales Representative must agree to sign a statement as prescribed by the ATO and provided by the Company thereby releasing the Company from the responsibility and liability of paying any withholding fee to the ATO.
 
F.   Sales Representative hereby promises and agrees to indemnify the Company for any damages or expenses, including attorneys fees and legal expenses incurred by the Company as a result of the Sales Representatives failure to make such required payments.
 
 
6.   CONFIDENTIALITY:  Sales Representative acknowledges that he/she may have access to the Companys confidential and proprietary information.  Such confidential information may include, without limitation: i) business and financial information, ii) business methods and practices, iii) technologies and technological strategies, iv) marketing strategies and v) other such information as the Company may designate as confidential (“Confidential Information”).  Sales Representative agrees to not disclose to any other person (unless required by law) or use for personal gain any Confidential Information at any time during or after the term of this Agreement, unless the Company grants express, written consent of such a disclosure.  In addition, Sales Representative will use his/her best efforts to prevent any such disclosure.  Confidential information will not include information that is in the public domain, unless such information falls into public domain through Sales Representatives unauthorised actions.
 
7.   OTHER RULES AND POLICIES: Sales Representative agrees to abide by any other rules, policies and procedures as communicated by the Company.
 
8.   TERMINATION:  This Agreement may be terminated for any reason or no reason by either party upon ______ (____) days written notice or immediately by the Company if (i) Sales Representative fails to perform his/her duties or materially breaches any obligation in the Agreement, or (ii) Sales Representative is unable to provide the services in this Agreement due to illness, death or disability.
 
9.   RETURN OF PROPERTY:  Upon termination of services, Sales Representative will promptly return to the Company all drawings, documents and other tangible manifestations of Confidential Information (and all copies and reproductions thereof).  In addition, Sales Representative will return any other property belonging to the Company including without limitation: computers, office supplies, money and documents.
 
10. CONTINUING OBLIGATIONS:  Notwithstanding the termination of this Agreement for any reason, the provisions of paragraph 6 of this Agreement will continue in full force and effect following such termination.
 
11.  BINDING EFFECT:  The covenants and conditions contained in the Agreement shall apply to and bind the Parties and the heirs, legal representatives, successors and permitted assigns of the Parties.
 
12. CUMULATIVE RIGHTS: The Parties rights under this Agreement are cumulative, and shall not be construed as exclusive of each other unless otherwise required by law.
 
13. WAIVER: The failure of either party to enforce any provisions of this Agreement shall not be deemed a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.
 
14. SEVERABILITY: If any part or parts of this Agreement shall be held unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.
 
15. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the Parties and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement. This Agreement may be modified in writing and must be signed by both the Company and Sales Representative.
 
16. NOTICE: Any notice required or otherwise given pursuant to this Agreement shall be in writing and mailed certified return receipt requested, postage prepaid, or delivered by overnight delivery service, addressed as follows:
 
The Company:                  
________________________________
________________________________
________________________________
 
Sale Representative:
________________________________
________________________________      ________________________________
 
 
Either party may change such addresses from time to time by providing notice as set forth above.
 
17.  GOVERNING LAW:  This Agreement shall be governed by and construed in accordance with the laws of the State of _______________________________ [Mention name of State or Territory], Australia.
 
 
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the day and year first written above.
 
 
 
THE COMPANY:
 
___________________________________________________
(Signature)
__________________________________
(Name  Please Print)
__________________________________
(Position)
 
 
SALES REPRESENTATIVE:
 
____________________________________________________
(Signature)
___________________________________
(Name  Please Print)
Number of Pages12
DimensionsDesigned for Letter Size (8.5" x 11")
EditableYes (.doc, .wpd and .rtf)
UsageUnlimited number of prints
Product number#33534
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.
 
 
Sales Representative Agreement
(Australia)

 

 
This Sales Representative Agreement (the “Agreement”) is made and entered on _____________________________________________, ___________, by and between _________________________________________ (the “Company”) and _______________________________________ (“Sales Representative”) (collectively referred to as the “Parties”).
 
The Parties agree as follows:
 
1.   SERVICES:
  
A.    The Company shall engage Sales Representative to sell and promote as its authorised  exclusive agent or  non-exclusive agent [check one] the following services or products of the Company, which may be changed by the Company for time to time:___________________________________ ______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ (the “Products”).  The Company shall, in its sole discretion, determine the sales price and terms of sale for the Products.
 
B.   Sales Representative, except as directed by the Company, shall determine the method, details, and means of performing the services described above; however, Sales Representative agrees to devote a minimum of _______hours per week to said services.  
 
 
C.   Sales Representative also shall periodically or at the Companys request, submit documentation of the services performed by the Sales Representative on behalf of the Company pursuant to this Agreement.  From time to time, the Company may establish performance goals for Sales Representative, and the failure to reach such performance goals may be cause for termination of this Agreement.
 
 
 
2.   TERRITORY:  The Sales Representative will sell and promote the Products in the following geographical area, which may be changed from time to time by the Company: _______________________________________________ ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
 
 
3.   COMPENSATION:  For services provided, the Company will pay Sales Representative the following commission percentage: _________% of the Sales Representatives invoiced sales price (plus any applicable GST), which shall not include shipping charges or taxes of the Products (the “Commission”).  Payment of the Commission by the Company to the Sales Representative shall be due __________ (___) days after receipt of payment by the Company of the underlying invoice.  GST  means any goods and services tax, value added tax or sales tax imposed on the sale or supply of goods, services and rights including but not limited to a tax imposed by the A New Tax System (Goods and Services Tax) Act 1999 (Cth) and the related imposition Acts of the Commonwealth.
 
 
4.   EXPENSES:  Sales Representative shall be reimbursed for the following expenses: __________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
 
5.   INDEPENDENT CONTRACTOR:  Sales Representative is an independent contractor and not an employee of the Company, and, unless otherwise stated in this Agreement, is not entitled to any of the benefits normally provided to the employees of the Company. This agreement is governed by the Independent Contractors Act 2006 (Cth). Sales Representative must provide Company with:
 
A.   a valid Australian Business Number (ABN); or
 
B.   a completed Australian Tax Office (ATO) declaration form relating to reasons for not quoting an ABN.
 
C.   If the Sales Representative fails to provide information under sub-clauses A and B above,  the Sales Representative acknowledges that the Company may be required under the Income Tax Assessment Act 1997 (Cth) to provide to the ATO a portion of the fee due for Services as prescribed under the Taxation Administration Act 1953 (Cth).
 
D.   Sales Representative warrants that taxation information provided to the Company is correct.
 
E.   If the Sales Representative does not have an ABN number, Sales Representative must agree to sign a statement as prescribed by the ATO and provided by the Company thereby releasing the Company from the responsibility and liability of paying any withholding fee to the ATO.
 
F.   Sales Representative hereby promises and agrees to indemnify the Company for any damages or expenses, including attorneys fees and legal expenses incurred by the Company as a result of the Sales Representatives failure to make such required payments.
 
 
6.   CONFIDENTIALITY:  Sales Representative acknowledges that he/she may have access to the Companys confidential and proprietary information.  Such confidential information may include, without limitation: i) business and financial information, ii) business methods and practices, iii) technologies and technological strategies, iv) marketing strategies and v) other such information as the Company may designate as confidential (“Confidential Information”).  Sales Representative agrees to not disclose to any other person (unless required by law) or use for personal gain any Confidential Information at any time during or after the term of this Agreement, unless the Company grants express, written consent of such a disclosure.  In addition, Sales Representative will use his/her best efforts to prevent any such disclosure.  Confidential information will not include information that is in the public domain, unless such information falls into public domain through Sales Representatives unauthorised actions.
 
7.   OTHER RULES AND POLICIES: Sales Representative agrees to abide by any other rules, policies and procedures as communicated by the Company.
 
8.   TERMINATION:  This Agreement may be terminated for any reason or no reason by either party upon ______ (____) days written notice or immediately by the Company if (i) Sales Representative fails to perform his/her duties or materially breaches any obligation in the Agreement, or (ii) Sales Representative is unable to provide the services in this Agreement due to illness, death or disability.
 
9.   RETURN OF PROPERTY:  Upon termination of services, Sales Representative will promptly return to the Company all drawings, documents and other tangible manifestations of Confidential Information (and all copies and reproductions thereof).  In addition, Sales Representative will return any other property belonging to the Company including without limitation: computers, office supplies, money and documents.
 
10. CONTINUING OBLIGATIONS:  Notwithstanding the termination of this Agreement for any reason, the provisions of paragraph 6 of this Agreement will continue in full force and effect following such termination.
 
11.  BINDING EFFECT:  The covenants and conditions contained in the Agreement shall apply to and bind the Parties and the heirs, legal representatives, successors and permitted assigns of the Parties.
 
12. CUMULATIVE RIGHTS: The Parties rights under this Agreement are cumulative, and shall not be construed as exclusive of each other unless otherwise required by law.
 
13. WAIVER: The failure of either party to enforce any provisions of this Agreement shall not be deemed a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.
 
14. SEVERABILITY: If any part or parts of this Agreement shall be held unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.
 
15. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the Parties and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement. This Agreement may be modified in writing and must be signed by both the Company and Sales Representative.
 
16. NOTICE: Any notice required or otherwise given pursuant to this Agreement shall be in writing and mailed certified return receipt requested, postage prepaid, or delivered by overnight delivery service, addressed as follows:
 
The Company:                  
________________________________
________________________________
________________________________
 
Sale Representative:
________________________________
________________________________      ________________________________
 
 
Either party may change such addresses from time to time by providing notice as set forth above.
 
17.  GOVERNING LAW:  This Agreement shall be governed by and construed in accordance with the laws of the State of _______________________________ [Mention name of State or Territory], Australia.
 
 
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the day and year first written above.
 
 
 
THE COMPANY:
 
___________________________________________________
(Signature)
__________________________________
(Name  Please Print)
__________________________________
(Position)
 
 
SALES REPRESENTATIVE:
 
____________________________________________________
(Signature)
___________________________________
(Name  Please Print)
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Reviews: 2


Mesquite,

TX

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We had an interview in a few hours with our very first sales rep prospect and we were scrambling to find just the right form in time. We found this form and it was perfect! Just what we needed. We all signed it and now we have our first sales rep!


,

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I would rate this product a 5/5. It was exactly what I needed and the checklist and instructions were crystal clear. I was able to quickly fill out the form and sign my new Sales Representatives who have already found me large accounts for my company. I'm definitely impressed and will come back to findlegalforms.com the next time I need a legal form!


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