407.912. Commission to become due, when--termination of employment, all commissions due, when.
Commission to become due, when--termination of employment, allcommissions due, when.
407.912. 1. When a commission becomes due shall be determined in thefollowing manner:
(1) The written terms of the contract between the principal and salesrepresentative shall control;
(2) If there is no written contract, or if the terms of the writtencontract do not provide when the commission becomes due, or the terms areambiguous or unclear, the commission shall be paid when the product orservice is delivered and accepted by the purchaser or the principalreceives satisfaction in full;
(3) If neither subdivision (1) nor (2) of this subsection can be usedto clearly ascertain when the commission becomes due, then the commissionshall be due on the date the principal accepts the order and receivessatisfaction in full, unless the custom and usage prevalent in this statefor the parties' particular industry is different, in which event suchcustom and usage shall prevail.
2. Nothing in sections 407.911 to 407.915 shall be construed toimpair a sales representative from collecting commissions on products orservices ordered prior to the termination of the contract between theprincipal and the sales representative but delivered and accepted by thepurchaser after such termination.
3. When the contract between a sales representative and a principalis terminated, all commissions then due shall be paid within thirty days ofsuch termination. Any and all commissions which become due after the dateof such termination shall be paid within thirty days of becoming due.
(L. 1989 S.B. 192 § 1 subsecs. 2, 3, 4, A.L. 2005 S.B. 211)