Howdy fellows,
Company ABC is assigning a business order to Company XYZ. ABC is to
obtain commission on all, all orders shipped to the client, a major
US jewelry chain store.
I’d appreciate if proper sources could be highlighted, websites,
etc. for drafting a memorandum Of Understanding between the 2
parties wherein all rights are protected of the commission agent,
etc. and all modalities are also highlighted in methodology for
preparing such a MOU/contract of performance on part of XYZ.
What about legal implications, enforcement and universal application
for enforcing implementation and smooth execution of the MOU and the
business order/shipment.
Thanks a million in advance for any help.
Regards,
Lalit Jhaveri
Lalit - The questions you are asking cannot be answered by websites
or books. In the United States issues of contract vary from state to
state. Most states have adopted the Uniform Commercial Code which
governs the business dealings between merchants - in other words your
example - but not a customer with a retail store. It sounds as though
the three way relationship may involve different states and possibly
even different countries. The contract can describe the law the
parties agree will apply and can also have jurisdiction, venue and
choice of law provisions - that is the contract can state where any
issues would be litigated if such litigation would ever occur and can
further provide what law would apply - It is also highly recommended
that you have some sort of dispute resolution clause requiring
mediation or its equivalent before any lawsuit could be filed
anywhere. In short, you might be able to agree on a number of issues
but should always have any contracts checked out by an attorney who
would represent your interests. I don’t make any money from
lawyering - As a judge I see alot of the problems caused by failing
to consult with a good lawyer and alot of my work is mediating or
resolving those disputes out of court if I can.
I know there are some books which will at least point out what
issues you need to address and might discuss what kinds of problems
you can run into. I am not aware of the names of any of these books
written for laymen but other members might know them. Good luck!
Sheridan Reed .