Business Representation Agreement (Tendering Contract) (A115)

What is this Representation Agreement for?

A  company that wants a representative in another country to look out for tendering opportunities can use this representation agreement.   The representative is likely to be a business in that country with good contacts in the sector which the overseas company is interested in getting into.

What are the main issues?

The role of the representative. This is likely to include getting the overseas principal’s name on tender lists, passing on invitations to tender directly to the principal, liaising with public or private sector. But it is likely to prohibit any formal commitment by the representative without specific authority in writing in particular situations.

Fee arrangements. These are unlikely to involve any commission. Instead, there will  be a regular fee in return for information being supplied. There may also be arrangements for reimbursement of travel expenses and the costs of registering on tender lists etc.  And if matters work out, the representative might become the local agent or even partner of the client.

Tender participation. Sometimes an overseas bidder must have a local party with it when tendering for a public sector contract in the country. The agreement may contain a clause to deal with this participation, although the details would need to be settled in each case. This can be an incentive for the representative as it can get a share in the contract if the tender is successful.

What detailed terms does the representation agreement contain?

This six page document contains 12 main clauses covering

• representation
• commencement and duration
• duties of representative
• representative’s fees and expenses
• tenders
• local participation
• relationship of parties
• confidentiality
• assignment and subcontracting
• termination
• communication and notices
• governing law and resolution of disputes

For more information on each of these sections, see our Explanatory Notes  which you will  receive when you download the document from our website.

For information on signing documents see our Contract Signing page

When I download the document, can I change it and/or use it more than once?

Yes, all ContractStore’s templates are in MS Word and you can use the contract on more than one project. For more information, watch the video on this page of our website or see our FAQs

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ContractStore supplies templates and is not a law firm.  But all our templates are written by experienced lawyers so we can arrange legal assistance for customers who need special terms in one of our documents or a bespoke template. . For more information see our Legal Services page.

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