A principal who fails to comply with the provisions of § 39-65-20 is liable to the sales representative in a civil action for:

(1) all amounts due the sales representative plus punitive damages in an amount not to exceed three times the amount of commissions due the sales representative; and

Terms Used In South Carolina Code 39-65-30

  • Commissions: means compensation accruing to a sales representative for payment by a principal, the rate of which is expressed as a percentage of the amount of orders or sales or as a specified amount of each order or sale. See South Carolina Code 39-65-10
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Principal: means a person who:

    (a) manufactures, produces, imports, or distributes a tangible product for wholesale;

    (b) contracts with a sales representative to solicit orders for the product; and

    (c) compensates the sales representative, in whole or in part, by commission. See South Carolina Code 39-65-10
  • Sales representative: means a person who:

    (a) contracts with a principal to solicit wholesale orders;

    (b) is compensated, in whole or in part, by commission;

    (c) does not place orders or purchase for his own account or for resale; and

    (d) does not sell or take orders for the sale of products to the ultimate consumer. See South Carolina Code 39-65-10

(2) attorney’s fees actually and reasonably incurred by the sales representative in the action and court costs.

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