There are many business-related contracts that the UCC does not cover, including real estate contracts, service contracts, and employment contracts. The Uniform Commercial Code (UCC) contains rules applying to many types of commercial contracts, including those related to: the sale of goods. the lease of goods.
As discussed in the Fact Sheets on Dealings in the Supply Chain, exclusive contracts between manufacturers and suppliers, or between manufacturers and dealers, are generally lawful because they improve competition among the brands of different manufacturers (interbrand competition).
Thus, the question of whether a distributorship contract is governed by the UCC will depend on the exact nuances of the contract. To determine whether the UCC applies, “courts generally examine the transaction to determine whether the sale of goods predominates.” Princess Cruises v. GE, 143 F. 3d 828, 833 (4th Cir.
The UCC applies to the sale of goods and securities, whereas the common law of contracts generally applies to contracts for services, real estate, insurance, intangible assets, and employment. If the contract is for both the sale of goods and for services, the dominant element in the contract controls.
There are two large categories of transactions where the UCC does not apply: services and real estate transactions. The idea is that services and real estate transactions have a lot more nuances than could be covered in the UCC and are better handled by the common law approach.
These are the ten steps to be followed when valuing a distribution business. Analyze Financial Statements. Review Client and Supplier Contracts. Evaluate Market Position. Consider Asset Value. Assess Growth Potential. Review Industry Comparables. Calculate Earnings Multiples. Analyze Operational Efficiency.
A distribution agreement is a contract between a manufacturer and a distributor. The manufacturer grants the distributor the right to sell its products or services in a specified territory or market.
Distributor agreements can be an effective means of selling your products. Whether the distributor helps sell goods on your behalf or expands into new territory, they can bring obvious benefits and help increase sales. Like all contract forms, generic templates are often unsuitable.
Negotiating a Distributorship Agreement: Five Critical Steps to Success Execute a master agreement. Define the relevant goods subject to the agreement. Address all relevant intellectual property issues. Make sure renewal options and termination clauses allow the parties to adjust to changing market conditions.
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.