Not all agency agreements are covered by the 1993 regulations. In order for them to apply to an agency agreement in the United Kingdom, the trade agent must take into account the same differences as the Supreme Court ruling of 15 March. The main point is that the differences between the two contracts cannot be resolved by analogy of the agency contract law. The analogy should only be applied if there is a reason to support it in these agreements. Merchant agreements assume that a company grants another company or another person the right to resell its goods or services, assuming that the reseller meets certain conditions and does not present forgeries for the original distributor or the product itself. The reseller agreement does not allow the retailer to display or market the product in a manner it has chosen; instead, it must sell in accordance with the guidelines of the distribution company. These guidelines could say that the price is limited to a certain point or that the product must be sold with a limited warranty. Trade lawyers argue that it is always desirable for an agency agreement to be written, given that it is a contract between two parties and it is essential that both parties be aware of their rights and obligations. In the absence of a clear and written agency agreement, there is a higher risk of commercial litigation. The client will likely require some control protection with respect to the contracts to be concluded and for which he is responsible. An agency relationship may be more appropriate if the existing client wishes to exercise greater control over the activities of his intermediary.
The EU directive is implemented in slightly different ways at EU level. Although it is not possible to oppose the directive, the parties may agree that the laws of a state other than the United Kingdom are applicable in the EEA. This could mean that the agreement would be subject to another version of the directive. The rules governing laws and legal orders are incredibly complex and it is not possible to summarize here the effects of such an agreement between the parties. If you are a manufacturer of goods or services, you may not have the resources to market them yourself in all the markets you want to cover. You can use an agent or distributor to help your marketing. This section examines how agency and distribution agreements work so you can choose the best way to bring your products to market.