Q&As

Do the Commercial Agents (Council Directive) Regulations 1993, SI 1993/3053 apply to the appointment of a reseller of an internet of things product, which supplies software on a relicensable basis (services), and also third-party hardware with a pass through of warranties?

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Published on LexisPSL on 23/10/2019

The following TMT Q&A provides comprehensive and up to date legal information covering:

  • Do the Commercial Agents (Council Directive) Regulations 1993, SI 1993/3053 apply to the appointment of a reseller of an internet of things product, which supplies software on a relicensable basis (services), and also third-party hardware with a pass through of warranties?

The Commercial Agents (Council Directive) Regulations 1993 (the Commercial Agents Regulations), SI 1993/3053, reg 2(1) defines a commercial agent as:

‘...a self-employed intermediary who has continuing authority to negotiate the sale or purchase of goods on behalf of another person (the “principal”), or to negotiate and conclude the sale or purchase of goods on behalf of and in the name of that principal.’

This definition comprises the following required elements:

  1. the need to be self-employed

  2. the need to have continuing authority to negotiate

  3. the authority to negotiate must be in relation to the sale or purchase of goods

  4. the agent must act on b

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