NCND Non-Circumvention and Non-Disclosure Agreement: Protecting International Trade Intermediaries

Introduction

In the field of international trade, intermediaries play a crucial role by providing services such as business promotion, contact with potential clients and assistance in contract negotiations. However, there is the risk that clients avoid paying commissions to these intermediaries. To protect your rights, an NCND (Non-Circumvention and Non-Disclosure) Agreement is used. In this article, we will explore in detail what is an NCND Agreement and how it works.

What is an NCND Non-Circumvention and Non-Disclosure Agreement?

The NCND Non-Circumvention and Non-Disclosure Agreement is a contract designed to protect international trade intermediaries. Its main objective is to safeguard the rights of these intermediaries and ensure that the commission is paid to them. for the services provided.

Structure of the NCND Agreement

The NCND Agreement is divided into two parts: Part A and Part B. Each of these parts has its own specific role and content.

Part A: Special Conditions

Part A of the NCND Agreement sets out the terms and conditions that are special to a specific NCND agreement. These terms must be completed by the parties according to their particular needs. Below are some of the main articles in Part A:

• Services to be provided by the Intermediary: This clause describes the specific services that the intermediary will provide, such as communication of information, business promotion, etc.
• Disclosure of information to the Counterparty: Here the rules on the disclosure of information between the intermediary and the counterparty are established.
• Exclusive Rights of the Intermediary: This clause grants the intermediary the exclusive right to represent and negotiate on behalf of the counterparty in question.
• Non-competition commitment: It is stipulated that the counterparty may not participate in commercial activities that directly compete with the services provided by the intermediary.
• Remuneration to be paid to the Intermediary: This article establishes the terms and conditions for the payment of commissions to the intermediary.
• Confidentiality: The confidentiality of the information exchanged between the parties involved in the agreement is addressed.
• Term of Contract: The duration of the NCND agreement is specified here.
• Applicable Law: The law governing the NCND agreement and related disputes is determined.
• Conflict resolution: The method is established to resolve any conflict that may arise between the parties involved.

Part B: General Conditions

Part B of the NCND Agreement establishes the general terms and conditions that are common to all contracts that incorporate the ICC (International Chamber of Commerce) General Conditions for Non-Circumvention Agreements and Non-Disclosure. Some of the key points of Part B are:

• Good faith and fair dealing: Parties must act in good faith and deal fairly with the other party in all business transactions.
• Authority of the Intermediary to bind the Counterparty: It is established that the intermediary has the authority to bind the counterparty in the terms and conditions of the agreement.
• Confidential information: The confidentiality of the information shared between the parties is addressed.
• Non-competition commitment: The counterparty undertakes not to participate in activities that directly compete with the services provided by the intermediary.
• Right to inspect the books of the Counterparty: The intermediary has the right to inspect the records and books of the counterparty to verify the commercial transactions.
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Conclusion

The NCND Non-Circumvention and Non-Disclosure Agreement is a crucial legal tool for international trade intermediaries. It provides vital protection by ensuring that they are paid the appropriate commission for the services provided. With a clear structure and specific terms in Parts A and B, this agreement establishes the rules and obligations for both the intermediaries and the counterparties involved. By using an NCND Agreement, intermediaries can operate with greater security and confidence in the world of international trade.

Do not hesitate to consult the NCND Contract model available for download at [download link ]. Protect your rights and ensure fair and equitable trade!

Remember that in international trade, protecting your interests is essential!