j
k
g. The obligations of the recipient party under this section 6 remain in the event of termination or non-renewal of that contract for a period of [number of years] of years. In order to avoid any doubt, the distributor`s client and negotiator lists are considered protected information under this agreement. It is essential that the terms of a distribution agreement be clearly defined and cover all relevant issues in order to avoid possible confusion and litigation in the future and to ensure that the agreed terms are in accordance with competition law and other rules. It is therefore useful to be a legal advisor when developing and negotiating a distribution contract. The parties must also agree on whether these figures are subject to a steady increase or whether they are revised on an annual basis. What will happen if there is no agreement between the parties? Could this be a redundancy event? Make sure you protect your copyrights, patents and trademarks. Your distributor should only be able to use it as long as the agreement remains in effect and it is useful to have a clause requiring it to notify you and act to protect your interests, for example when counterfeit goods appear on the market. The relationship between the seller and a representative consists of rights and obligations arising from agency law and the obligations defined in the contract. One of the drawbacks for a seller who indicates the agent is that the agent, regardless of the power actually granted by the agreement, implies the legal power to hire the seller as his principal. In other words, the agent is entitled to enter into contracts between the seller as a customer and other parties, and therefore the obligations that the seller must respect, whether the seller knows in advance or not.
What is the initial duration of the agreement? Do it long enough to give the distributor time to market with your products, but no more. It can be extended each year if it works. g. Full agreement. This agreement contains the entire agreement between the parties with respect to the proposed transactions and replaces all previous written and oral agreements as well as all concurrent oral agreements relating to these transactions. If the agreement is a reseller agreement in the commercial context, the supplier (distributor) must ensure that the conditions are in accordance with the terms set out in its distribution agreement with the supplier or manufacturer above in the chain. For example, if the manufacturer is able to increase the price of the product, the distributor also needs the flexibility to do so in the reseller agreement. As a result, a reseller may find that he or she does not have the power to negotiate the terms of the agreement.
Comments are closed.