Del Credere Agent Agreement Template for Nigeria

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Key Requirements PROMPT example:

Del Credere Agent Agreement

"I need a Del Credere Agent Agreement for appointing an agent to sell our agricultural machinery in Northern Nigeria, with the agent guaranteeing customer payments and receiving a 5% commission plus an additional 2% del credere commission, to commence from March 1, 2025."

Document background
The Del Credere Agent Agreement is essential for businesses operating in Nigeria that wish to expand their market reach while minimizing credit risk. This document is particularly valuable when a principal company wants to delegate both sales responsibilities and credit risk management to a trusted agent. The agreement, governed by Nigerian law, establishes a specialized agency relationship where the agent, known as a del credere agent, not only facilitates sales but also guarantees the creditworthiness of customers they bring to the principal. This arrangement is commonly used in international trade, distribution, and wholesale sectors where the principal may have limited knowledge of local customers' creditworthiness. The agreement includes comprehensive provisions for commission structures, guarantee obligations, credit assessment procedures, and reporting requirements, ensuring compliance with Nigerian commercial and banking regulations.
Suggested Sections

1. Parties: Identification of the Principal and the Del Credere Agent

2. Background: Context of the agreement and relationship between the parties

3. Definitions: Key terms used throughout the agreement

4. Appointment and Scope: Formal appointment of the agent and definition of territory/products covered

5. Del Credere Guarantee: Terms of the agent's guarantee of customer payments and credit risks

6. Authority and Limitations: Scope of agent's authority to act on principal's behalf

7. Commission Structure: Details of commission rates, calculation methods, and payment terms

8. Payment Terms and Credit Risk: Management of customer payments and credit risk procedures

9. Duties and Obligations: Specific responsibilities of both the agent and principal

10. Reporting Requirements: Required reports, frequency, and content of agent's reporting to principal

11. Confidentiality: Protection of confidential information and trade secrets

12. Duration and Termination: Term of agreement and termination provisions

13. Post-Termination Obligations: Obligations and rights of parties after agreement ends

14. Governing Law and Jurisdiction: Application of Nigerian law and jurisdiction

Optional Sections

1. Non-Compete Clause: Restrictions on agent's ability to compete, used when agent has access to sensitive market information

2. Insurance Requirements: Specific insurance obligations, included when dealing with high-value transactions

3. Intellectual Property Rights: IP protection clauses, needed when agent will handle branded products or proprietary information

4. Force Majeure: Provisions for unforeseen circumstances, particularly relevant in international trade

5. Training and Support: Details of principal's support obligations, included for complex products or services

6. Minimum Performance Requirements: Sales targets or other performance metrics, used in more structured commercial relationships

7. Bank Guarantee: Additional financial security requirements, used for high-value transactions

8. Dispute Resolution: Alternative dispute resolution procedures, recommended for international agreements

Suggested Schedules

1. Schedule 1 - Products and Services: Detailed list of products/services covered by the agreement

2. Schedule 2 - Territory: Detailed description of geographical territory or market segment

3. Schedule 3 - Commission Rates: Detailed commission structure and calculation methods

4. Schedule 4 - Reporting Format: Templates and requirements for regular reporting

5. Schedule 5 - Credit Approval Process: Procedures for credit assessment and approval

6. Appendix A - Operating Procedures: Detailed operational guidelines and procedures

7. Appendix B - Customer Credit Application Form: Standard form for customer credit applications

8. Appendix C - Performance Metrics: Detailed performance indicators and evaluation criteria

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Manufacturing

International Trade

Distribution

Wholesale

Consumer Goods

Agricultural Products

Industrial Equipment

Textiles

Electronics

Automotive Parts

Chemical Products

Construction Materials

Relevant Teams

Legal

Commercial

Sales

Finance

Risk Management

Compliance

Operations

Business Development

Credit Control

International Trade

Contract Administration

Relevant Roles

Commercial Director

Sales Manager

Legal Counsel

Chief Financial Officer

Credit Risk Manager

Business Development Manager

Operations Director

Compliance Officer

Contract Manager

Trade Finance Manager

Regional Sales Director

Agency Management Director

Risk Assessment Officer

Commercial Operations Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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