Contracts are made up of three basic parts – an offer, an acceptance and consideration. The offer and acceptance are what the purpose of the agreement is between the parties.
The basic elements required for the agreement to be a legally enforceable contract are: mutual assent, expressed by a valid offer and acceptance; adequate consideration; capacity; and legality. In some states, elements of consideration can be satisfied by a valid substitute.
A Standard Clause providing a distributor with the exclusive right to resell products purchased from a manufacturer, producer, or other supplier within a specified geographic territory during the term of the underlying distribution agreement.
Examples of companies that use exclusive distribution include Apple for its high-priced and luxury products, as well as companies like Lamborghini, BMW, Rolex, and Mercedes. These companies appoint only a few distributors to cover a specific region, maintaining exclusivity in their distribution agreements.
In an exclusive agreement, the specified distributor will be the sole distributor with the right to sell the product within a particular geographic region or within multiple regions. If the arrangement is nonexclusive, the manufacturer or vendor may supply other distributors, sometimes competing in the same market.
An exclusive reseller agreement grants the right of exclusivity to said reseller, limiting other companies from selling the same products within the agreed-upon geographic region. It also includes terms on how the reseller will be compensated for their services, as well as delivery times and service level agreements.
The Default Distributor Agreement is an agreement with each of the retailers on our network that sets out the terms on which each retailer can use the network to supply electricity to its customers.
Distribution agreements are frequently used between suppliers and distributors to reach new or larger sales markets. A distribution agreement is an agreement between a supplier of products and a distributor that purchases and resells these products. The distributor purchases the products at its own expense and risk.
A service agreement is a contract between the provider and receiver of services. It is a legally binding document that sets out the rights and responsibilities of each party, and the terms on which services are provided to the client.
A distribution agreement is the perfect place to establish the sales goals and expectations for both parties. The manufacturer wants to ensure that the distributor will actively promote and sell its products in the designated territory or channel and generate a certain level of revenue and profit.