Delaware Fabricante - Acuerdo de revendedor - Manufacturer - Reseller Agreement

• Category: Tecnología - Informática e Internet - Revendedores
• State: Multi-State
• Control #: US-CP1110-AM
• Format: Word

Description

Formulario de la publicación, Computer Law: Redacción y negociación de formularios y acuerdos, por Richard Raysman y Peter Brown A Delaware Manufacturer — Reseller Agreement is a legally binding contract between a manufacturer and a reseller operating in the state of Delaware. This agreement outlines the terms and conditions under which the manufacturer will supply products to the reseller for the purpose of resale. The key elements of a Delaware Manufacturer — Reseller Agreement include: 1. Parties: The agreement should clearly identify the manufacturer and the reseller by their legal names and addresses. 2. Product Description: The agreement should provide a detailed description of the products that the manufacturer will supply to the reseller. This may include specifications, models, quantities, and any other relevant details. 3. Pricing and Payment Terms: The agreement should specify the pricing structure, including wholesale prices, discounts, and any applicable taxes or fees. It should also outline the payment terms, such as payment due dates, accepted payment methods, and consequences for late payments. 4. Minimum Order Requirements: Some agreements may include minimum order quantities that the reseller must meet to maintain an active relationship with the manufacturer. This ensures that the reseller is committed to selling a certain volume of products. 5. Delivery and Fulfillment: The agreement should define the delivery methods, shipping responsibilities, and expected delivery times. It may also address issues related to product packaging, labeling, and insurance during transit. 6. Intellectual Property Rights: This section addresses the ownership of intellectual property, trademarks, patents, copyrights, and other proprietary rights associated with the products. It should specify if the reseller has the right to use any of the manufacturer's branding materials and if any restrictions apply. 7. Marketing and Sales Support: If applicable, the agreement may outline the manufacturer's obligations to support the marketing and promotion of the products. This may include providing marketing materials, training, or joint advertising efforts. 8. Termination and Dispute Resolution: The agreement should describe the conditions under which either party can terminate the agreement. It may also include provisions for handling disputes, such as mediation or arbitration clauses. Types of Delaware Manufacturer — Reseller Agreements: 1. Exclusive Reseller Agreement: This agreement grants the reseller exclusive rights to sell the manufacturer's products within a specific territory or market segment. In return, the reseller is often required to meet certain sales targets or maintain a specific level of marketing support. 2. Non-Exclusive Reseller Agreement: In this agreement, the manufacturer can appoint multiple resellers to sell their products within a defined market. This allows for broader distribution but may lead to increased competition among resellers. 3. Commission-Based Agreement: This type of agreement allows the reseller to earn a commission on each sale made. The reseller does not purchase the products upfront but instead acts as an intermediary between the manufacturer and the end customers. In conclusion, a Delaware Manufacturer — Reseller Agreement is a pivotal contract that establishes the relationship, obligations, and rights of both manufacturers and resellers within the state. By addressing crucial aspects such as product description, pricing, delivery, intellectual property, marketing support, and termination, this agreement serves as a safeguard for both parties involved in the resale of products.

A Delaware Manufacturer — Reseller Agreement is a legally binding contract between a manufacturer and a reseller operating in the state of Delaware. This agreement outlines the terms and conditions under which the manufacturer will supply products to the reseller for the purpose of resale. The key elements of a Delaware Manufacturer — Reseller Agreement include: 1. Parties: The agreement should clearly identify the manufacturer and the reseller by their legal names and addresses. 2. Product Description: The agreement should provide a detailed description of the products that the manufacturer will supply to the reseller. This may include specifications, models, quantities, and any other relevant details. 3. Pricing and Payment Terms: The agreement should specify the pricing structure, including wholesale prices, discounts, and any applicable taxes or fees. It should also outline the payment terms, such as payment due dates, accepted payment methods, and consequences for late payments. 4. Minimum Order Requirements: Some agreements may include minimum order quantities that the reseller must meet to maintain an active relationship with the manufacturer. This ensures that the reseller is committed to selling a certain volume of products. 5. Delivery and Fulfillment: The agreement should define the delivery methods, shipping responsibilities, and expected delivery times. It may also address issues related to product packaging, labeling, and insurance during transit. 6. Intellectual Property Rights: This section addresses the ownership of intellectual property, trademarks, patents, copyrights, and other proprietary rights associated with the products. It should specify if the reseller has the right to use any of the manufacturer's branding materials and if any restrictions apply. 7. Marketing and Sales Support: If applicable, the agreement may outline the manufacturer's obligations to support the marketing and promotion of the products. This may include providing marketing materials, training, or joint advertising efforts. 8. Termination and Dispute Resolution: The agreement should describe the conditions under which either party can terminate the agreement. It may also include provisions for handling disputes, such as mediation or arbitration clauses. Types of Delaware Manufacturer — Reseller Agreements: 1. Exclusive Reseller Agreement: This agreement grants the reseller exclusive rights to sell the manufacturer's products within a specific territory or market segment. In return, the reseller is often required to meet certain sales targets or maintain a specific level of marketing support. 2. Non-Exclusive Reseller Agreement: In this agreement, the manufacturer can appoint multiple resellers to sell their products within a defined market. This allows for broader distribution but may lead to increased competition among resellers. 3. Commission-Based Agreement: This type of agreement allows the reseller to earn a commission on each sale made. The reseller does not purchase the products upfront but instead acts as an intermediary between the manufacturer and the end customers. In conclusion, a Delaware Manufacturer — Reseller Agreement is a pivotal contract that establishes the relationship, obligations, and rights of both manufacturers and resellers within the state. By addressing crucial aspects such as product description, pricing, delivery, intellectual property, marketing support, and termination, this agreement serves as a safeguard for both parties involved in the resale of products.

Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.