What is a distributorship agreement?

What is a distributorship agreement?

A distribution agreement, also known as a distributor agreement, is a contract between a supplying company with products to sell and another company that markets and sells the products. The distributor agrees to buy products from the supplier company and sell them to clients within certain geographical areas.

How do I write a distributorship agreement?

What to Include In A Distributorship Agreement?

  1. Exclusive Distributor.
  2. Terms And Conditions Of Sale.
  3. Pricing.
  4. Term Of The Agreement.
  5. Marketing rights.
  6. Trademark licensing.
  7. The geographical territory covered by the agreement.
  8. Performance.

Does CISG apply to distribution agreements?

Most U.S. courts interpreting the CISG say, “no.” These courts have held that the CISG does not apply to distribution agreements because they merely “create a framework for the future sale of goods”. If the CISG applies, however, a sales contract need not be documented in writing unless so stipulated by the parties.

How do you become a distributor of a product?

Here are six steps you can take toward becoming a distributor:

  1. Identify your industry. The first step to becoming a distributor is identifying the industry you’d like to serve.
  2. Register your business legally.
  3. Seek suppliers and manufacturers.
  4. Plan your logistics.
  5. Apply as a distributor.
  6. Build relationships.

Is exclusive dealing anticompetitive?

But exclusive dealing also can be anticompetitive in some circumstances. For example, exclusive dealing may allow one manufacturer, in effect, to monopolize efficient distribution services and thereby prevent its rivals from competing effectively.

Is the sole distributor agreement regulated in the EU?

The sole-distributor agreement, in contrast to the commercial agent agreement, is not directly regulated by EU-law, and with the exception of Belgium, the EU member-states have not passed laws that refer directly to sole-distributors.

What are the terms of an international distributor agreement?

DISTRIBUTOR agrees that COMPANY has granted it no authority to make changes to COMPANY’s terms and conditions of sale, to extend COMPANY warranties or, in general, to enter into contracts or make quotations on behalf of or to bind COMPANY in any transactions with DISTRIBUTOR’s customers or any governmental agencies or third parties.

How are contracts drafted on EU-distributor.com?

The contracts on EU-distributor.com are drafted having regard to the fact that in the long run it benefits both the distributor and the supplier if the agreement is balanced and seeks to protect the interests of both parties.

What makes a distribution agreement anti-competitive in the EU?

A distribution agreement is a form of “Vertical Agreement”, i.e. where two or more undertakings operate at different levels of the production or distribution chain, and accordingly falls within the remit of Article 101 TFEU. Common clauses found in a Distribution Agreement often render such agreements anti-competitive by their nature.

Previous Post Next Post