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Home » US Law » 2022 New Hampshire Revised Statutes » Title XXXI - Trade and Commerce » Title 339-E - Sales Representatives and Post-Termination Commissions

Section 339-E:1 – Definitions.

    339-E:1 Definitions. – In this chapter: I. "Commission" means compensation paid a sales representative by a principal, the rate of which is expressed as a percentage of the dollar amount of orders or sales of the principal’s product. II. "Principal" means a person who manufactures, produces, imports or distributes a product for sale to […]

Section 339-E:2 – Contract.

    339-E:2 Contract. – I. A sales representative and a principal shall enter into a written contract for services to be performed within this state by a sales representative. The written contract entered into pursuant to this section shall contain provisions which establish: (a) The form of payment and the method by which such payment […]

Section 339-E:3 – Damages.

    339-E:3 Damages. – The party who fails to comply with a provision of a contract entered into under RSA 339-E:2 relating to payment of a commission is liable in a civil action for damages, plus reasonable attorney’s fees and costs. The court may award exemplary damages of up to 3 times the commission owed […]

Section 339-E:4 – Jurisdiction.

    339-E:4 Jurisdiction. – A principal who is not a resident of this state who enters into a contract with a sales representative subject to this chapter shall be considered to be doing business in this state for purposes of the exercise of personal jurisdiction over the principal. Source. 1989, 244:1, eff. Jan. 1, 1990.

Section 339-E:5 – Other Remedies; Combination of Claims.

    339-E:5 Other Remedies; Combination of Claims. – Nothing in this chapter shall invalidate or restrict any other or additional right or remedy available to a sales representative, or preclude a sales representative from seeking to recover in one action on all claims against a principal. Source. 1989, 244:1, eff. Jan. 1, 1990.

Section 339-E:6 – No Waivers by Contract.

    339-E:6 No Waivers by Contract. – A provision in any contract between a sales representative and a principal purporting to waive any provision of this chapter, whether by expressed waiver or by a contract subject to the laws of another state, shall be void. Source. 1989, 244:1, eff. Jan. 1, 1990.