(a)Whenever a manufacturer, jobber, or distributor is engaged in business within this state and uses the services of a wholesale sales representative, who is not an employee of the manufacturer, jobber, or distributor, to solicit wholesale orders at least partially within this state, and the contemplated method of payment involves commissions, the manufacturer, jobber, or distributor shall enter into a written contract with the sales representative.
(b)The written contract shall include all of the following:
(1)The rate and method by which the commission is computed.
(2)The time when commissions will be paid.
(3)The territory assigned to the sales representative.
(4)All exceptions to the assigned territory and customers therein.
(5)What chargebacks will be made against the commissions, if any.
(c)The sales representative and the manufacturer, jobber, or distributor shall each be provided with a signed copy of the written contract and the sales representative shall sign a receipt acknowledging receipt of the signed contract.
(d)The sales representative shall be provided with the following written information
and documentation with payment of the commission:
(1)An accounting of the orders for which payment is made, including the customer’s name and invoice number.
(2)The rate of commission on each order.
(3)Information relating to any chargebacks included in the accounting.
(e)No contract shall contain any provision which waives any rights established pursuant to this chapter. Any such waiver is deemed contrary to public policy and void.
Notes of Decisions
Kenneth Bosinger v. Belden CDT, Inc., 358 F. App'x 812 (9th Cir. 2009).
“Bosinger claims that Belden’s failure to pay his post-termination commissions constituted a violation of the Wholesale Sales Representatives Contractual Relations Act of 1990. The WSRCRA requires companies to enter into written sales agreements with sales representatives who are…”
Schoeduve Corp. v. Lucent Tech. (9th Cir. 2006).
· cites it 4× “” The arbitrator held that although Lucent did not willfully fail to enter into a written contract, it did fail to enter into a written contract that covered the Apple transaction.”
Stability Solutions, LLC v. Medacta USA, Inc. (N.D. Cal. 2023).
“2 The plaintiff contends mainly that 4 the forum-selection clause, especially in combination with the Delaware choice-of-law clause, is 5 unenforceable because it waives the plaintiff’s rights under California’s Independent Wholesale 6 Sales Representative Act, Cal. Civ. Code §…”
Stability Solutions, LLC v. Medacta USA, Inc. (M.D. Tenn. 2023).
“2 The plaintiff contends mainly that 4 the forum-selection clause, especially in combination with the Delaware choice-of-law clause, is 5 unenforceable because it waives the plaintiff’s rights under California’s Independent Wholesale 6 Sales Representative Act, Cal. Civ. Code §…”
— Cal. Civil Code § 1738.13(a) — 2 cases
Schoeduve Corp. v. Lucent Tech. (9th Cir. 2006).
“” The arbitrator held that although Lucent did not willfully fail to enter into a written contract, it did fail to enter into a written contract that covered the Apple transaction.”
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