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 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.
Here are the steps to find and negotiate a distribution agreement: Step 1: Meet with the distributor. Step 2: Discuss the terms of distribution. Step 3: Review the details, such as marketing materials, catalogs, or product literature. Step 4: Hire a lawyer or an expert to draft the agreement.
Role of Parties: In a licensing agreement, both parties have a closer relationship, with the licensee relying on the licensor's IP rights. In a distribution agreement, the supplier provides the products, and the distributor acts as an intermediary between the supplier and the end customers.
To get a dealer's license without a lot, you can apply for a wholesale license. Obtaining a wholesale license does not require a lot. However, a wholesale license only allows you to sell, buy, and trade cars among wholesale dealers and you can't sell cars to car end users.
The term for Distribution Agreements varies, with terms being anywhere from 5 to 15 years. I try to limit the term as much as possible—especially when there is no advance, or a meager one.
Auctions: Some jurisdictions may allow individuals to sell vehicles at auction without a dealer license. However, specific requirements or restrictions may exist, such as using a licensed auction company to facilitate the sale.