COMMISSION SALES AGREEMENT
Contracting Parties
1)......
Address:......
Identification Number:......
Tax Identification Number:…………………………………Represented by: ......
Bank:…………………………………
Bank Account:…………………………………
(hereinafter referred to as the “Agent”)
and
2)University of West Bohemia in Pilsen
Address:Univerzitní 8, Plzeň, PC 306 14
Identification Number:49777513
Tax Identification Number:CZ49777513
Established by:Act no. 314/1991 Coll.
Represented by:Ing. Petr Beneš, Bursar
Bank:Komerční banka, a.s., Plzeň – město
Account Number:4811530257/0100
(hereinafter referred to as the “Principal”)
concluded, pursuant to provisions of Article 2455 et seq. of Act no. 89/2012 Coll., the Civil Code, as amended, on the day, month and year specified below, this
Commission Sales Agreement:
Article I
Subject of the Agreement
1)The Agent undertakes to execute, in his own name, for the Principal and into the Principal’s account,the sale of:...... (hereinafter referred to as the “Thing”).
2)The Principal agrees to pay the Agent, for executing the sale of the Thing, a commission pursuant to Art. II of this Agreement.
3)The Contracting Parties confirm by signing this Agreement that they meet the legal conditions for activities that are the Subject of this Agreement.
Article II
Commission
1)The Principal agrees to pay the Agent a commission in the amount ...... % of the agreed purchase price at which the Thing was sold by the Agent to a third party (the Buyer).
2)The entitlement to the commission arises for the Agent after executing the sale of the Thing at the moment of the transfer of ownership of the Thing to the buyer.
3)The commission is payable within 30 days after the Agent's meeting all obligations under Article III Section 7) hereof, by cashless transfer to the Agent’s bank account as set out in the heading of this Agreement.
4)The Contracting Parties have agreed that the commission covers all costs of the Agent concerning theexecution of the sale of the Thing.
Article III
Obligations of the Agent
1)The Agent undertakes to take over the Thing described in Article I hereof on the effective date of this Agreement.
2)The Agent is obliged to perform the activity under this Agreement in person.
3)The Agent is not entitled to hand over the Thing to a third Party except in the case when the Agent executes the sale of the Thing.
4)The Agent is obliged to protect the Principal’s interests which the Agent knows, and inform the Principal, without undue delay, about any circumstances which may have an impact on a possible change in the Principal’s order.
5) The Agent is obliged to proceed with professional care during the fulfillment of this Agreement.
6)The Agent is obliged to inform the Principal about fulfilling the Principal’s order.
7)The Agent is obliged, within...... days following the sale of the Thing at the latest, to:
a) submit a report on the sale of the Thing to the Principal,
b) submit the commission calculation to the Principal,
c) inform the Principal about the amount and maturity period of the agreed purchase price for the sale of the Thing,
d) identify the Buyer in the Purchase Contract of the Thing,
e) hand over, to the Principal, the original copy of the purchase contract of the Thing,
f) give the Principal the full purchase price according to the purchase contract,
g) cede to the Principal all rights acquired in connection with the procurement of the sale of the Thing,
h) give the Principal everything the Agent has gained when procuring the the Subject of the Agreement.
Article IV
Obligations of the Principal
1)The Principal undertakes to hand over the Thing to the Agent on the effective date of this Agreement.
2)The Principal is obliged to provide the Agent all necessary cooperation during the procurement of the Subject of this Agreement.
3)The Principal is obliged to accept from the Agent the billing and the purchase price under the purchase contract regarding the Thing in accordance with Article III, Section 7) hereof.
4)The Principal undertakes to pay the Agent, under this Agreement, the commission in accordance with Article II hereof.
Article V
Duration of the Agreement
1)This Agreement is concluded for a definite period until......
Article VI
Right of Ownership, Liability for Damage
1)The Thing, pursuant to Article I of this Agreement, is the property of the Principal until the moment of the sale to the Buyer, when the ownership right is transferred directly from the Principal to the Buyer.
2) The Agent is liable for any damage to the Thing after its takeover from the Principal.
Article VII
Withdrawal from the Agreement
1)This Agreement can be terminated by a written agreement of the Contracting Parties or a withdrawal from the Agreement for reasons stipulated in this Agreement or in the law.
2)A Contracting Party can withdraw from this Agreement for a fundamental breach of contractual obligations by the other Contracting Party. The following are considered a substantial breach of contractual obligations:
a)by the Principal: failure to pay the commission under this Agreement within a period following 30 days after the due date of the relevant invoice,
b)by the Agent: breach of any obligation laid down in Articles I and III hereof.
3)A withdrawal from this Agreement shall be made in writing.
4) A withdrawal from this Agreement will come into effect on the date when the written withdrawal of the withdrawing Contracting Party is delivered to the other Contracting Party.
5)In the case of a withdrawal from this Agreement, the Contracting Parties are obliged to settle their mutual liabilities and assets specified in the Act or in this Agreement, within 30 days following the legal effect of the withdrawal, or within an agreed period.
6)In the case of the withdrawal from this Agreement by the Principal for a substantial breach of the contractual obligations of the Agent, the Agent is obliged to pay the Principal any damages suffered (both material and non-material).
Article VIII
Contractual Penalties
1)In the event that the Agent violates any obligation stipulated in Article I and Article III of this Agreement, the Agent undertakes to pay the Principal, for each such violation, a penalty in the amount of ...... CZK. The contractual penalty can also be imposed repeatedly.
2) The penalty is payable within 10 days after the written call of one Contracting Party is delivered to the other Contracting Party.
3) The obligation to pay a penalty does not affect the right to compensation for damage, nor the amount in which the damage possibly exceeds the penalty.
4) The obligation to pay a penalty persists even after the termination of this Agreement, and also after a withdrawal by a Contracting Party.
Article IX
Final Provisions
1)Agent notes that Principal is a subject legally bound to publish its contracts pursuant to Act no. 340/2015 Coll., and if a contract meets the requirements for publication stipulated by the law, Principal will publish any such contract in the register of contracts.
2)A contract comes into force upon its conclusion, i.e. on the date of the contract signature by the authorized representatives of both contractual parties. In the case of a contract that is subject to publication in the register of contracts pursuant to Act no. 340/2015 Coll., such a contract takes effect only on the day of its publication in the register of contracts.
3)This agreement is governed by Czech law and disputes arising from this agreement will be dealt exclusively by Czech courts.
4)The Agreement is made out in writing and can only be changed or amended by written numbered supplements, which both Contracting Parties shall confirm with their signatures.
5)The Agreement is made out in two identical copies, of which each Contracting Party shall receive one. Both copies have the force of an original.
6)This Agreement is governed by the provisions of Act no. 89/2012 Coll., the Civil Code, as amended. All data and information that the Contracting Parties have communicated to each other by the time of the conclusion of this Agreement are considered confidential; neither Contracting Party shall disclose or communicate them to any third Party or use them contrary to their purpose for their own needs. If a Contracting Party breaks this obligation and thus enriches itself, this Contracting Party shall give to the other Contracting Party the amount by which the Contracting Party has enriched itself.
7)This Agreement cancels all prior agreements of the Parties with the same subject of fulfillment, be it written, oral or tacit.
8)The Contracting Parties are obliged to communicate to each other all factual and legal circumstances about which they knew on the date of the signature of this Agreement, or must have known, and which are relevant in relation to the conclusion of this Agreement.
9)The Contracting Parties declare that they read the Agreement before signing it, and fully understand its provisions, and that this Agreement was concluded on the basis of mutual agreement and free will.
In...... on...... In Pilsen on......
Agent:Principal:
...... Ing. Petr Beneš
Bursar
University of West Bohemia in Pilsen