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Convention on Agency in the International Sale of Goods (Geneva, 17 February 1983)

[Preamble]

CHAPTER I - Sphere Of Application And General Provisions

Article 1

Article 2

Article 3

Article 4

Article 5

Article 6

Article 7

Article 8

CHAPTER II - Establishment And Scope Of The Authority Of The Agent

Article 9

Article 10

Article 11

CHAPTER III - Legal Effects Of Acts Carried Out By The Agent

Article 12

Article 13

Article 14

Article 15

Article 16

CHAPTER IV - Termination Of The Authority Of The Agent

Article 17

Article 18

Article 19

Article 20

CHAPTER V - Final Provisions

Article 21

Article 22

Article 23

Article 24

Article 25

Article 26

Article 27

Article 28

Article 29

Article 30

Article 31

Article 32

Article 33

Article 34

Article 35

[Post Provisions]

[Post Clauses (If any: Signed; Witnessed; Done; Authentic Texts; & Deposited Clauses)]

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Manifest

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Convention on Agency in the International Sale of Goods (Geneva, 17 February 1983)

UNIDROIT

copy @ Lex Mercatoria

Convention on Agency in the International Sale of Goods (Geneva, 17 February 1983)

CHAPTER III - Legal Effects Of Acts Carried Out By The Agent

Article 13

1. Where the agent acts on behalf of a principal within the scope of his authority, his acts shall bind only the agent and the third party if:

(a) the third party neither knew nor ought to have known that the agent was acting as an agent, or

(b) it follows from the circumstances of the case, for example by a reference to a contract of commission, that the agent undertakes to bind himself only.

2. Nevertheless:

(a) where the agent, whether by reason of the third party's failure of performance or for any other reason, fails to fulfil or is not in a position to fulfil his obligations to the principal, the principal may exercise against the third party the rights acquired on the principal's behalf by the agent, subject to any defences which the third party may set up against the agent;

(b) where the agent fails to fulfil or is not in a position to fulfil his obligations to the third party, the third party may exercise against the principal the rights which the third party has against the agent, subject to any defences which the agent may set up against the third party and which the principal may set up against the agent.

3. The rights under paragraph 2 may be exercised only if notice of intention to exercise them is given to the agent and the third party or principal, as the case may be. As soon as the third party or principal has received such notice, he may no longer free himself from his obligations by dealing with the agent.

4. Where the agent fails to fulfil or is not in a position to fulfil his obligations to the third party because of the principal's failure of performance, the agent shall communicate the name of the principal to the third party.

5. Where the third party fails to fulfil his obligations under the contract to the agent, the agent shall communicate the name of the third party to the principal.

6. The principal may not exercise against the third party the rights acquired on his behalf by the agent if it appears from the circumstances of the case that the third party, had he known the principal's identity, would not have entered into the contract.

7. An agent may, in accordance with the express or implied instructions of the principal, agree with the third party to derogate from or vary the effect of paragraph 2.


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