A sales representative of a manufacturer is a company or individual who attempts to sell products to wholesale and retail buyers and purchasing agents of the products of the company he or she represents. A manufacturer's sales representative is an independent sales agent or agency that contracts with multiple manufacturers to provide sales services in a defined territory. The representative is paid a commission only on sales in the territory. The defined territory is usually on an exclusive basis, but there can be exceptions. Purchase orders are accepted by the manufacturer and are subject to the manufacturer's terms and conditions. Product is shipped and billed by the manufacturer.
Oregon Manufacturer's Representative Agreement for Sale of Products of Manufacturer to Distributors is a legally binding contract that outlines the terms and conditions between a manufacturer and a representative (also known as a sales representative or agent) regarding the distribution and sale of the manufacturer's products to various distributors. This agreement serves as the framework for the business relationship, establishing the roles, responsibilities, and obligations of both parties involved. The Oregon Manufacturer's Representative Agreement for Sale of Products of Manufacturer to Distributors encompasses a wide range of important provisions, including but not limited to: 1. Parties involved: This section identifies the manufacturer and the representative, stating their legal names, addresses, and contact information. It is crucial to accurately specify the terms of the agreement between the parties. 2. Appointment: This clause details the appointment of the representative as the manufacturer's exclusive or non-exclusive agent, authorized to promote, market, and sell the manufacturer's products within a specific territory or territories. 3. Scope of representation: This section outlines the specific products or product lines that the representative is authorized to sell on behalf of the manufacturer. It may also include exclusions or restrictions on certain products or territories. 4. Duties and responsibilities: The agreement defines the responsibilities of both parties, including the representative's obligations to use its best efforts to promote and sell the products, maintain adequate product knowledge, attend trade shows or exhibitions, and provide regular reports to the manufacturer. 5. Commission and compensation: This clause stipulates the commission structure or compensation plan that the representative will receive based on the sales generated. It may include details on commission rates, payment terms, and any associated expenses or reimbursements. 6. Termination: This section articulates the grounds for termination, including breaches of contract, non-performance, or other mutually agreed-upon circumstances. It may also include notice periods required for termination and the disposition of existing orders or inventory upon termination. 7. Intellectual property and confidentiality: This provision protects the manufacturer's intellectual property rights, trade secrets, and confidential information from unauthorized use or disclosure by the representative. It may include non-disclosure and non-compete clauses to ensure the manufacturer's proprietary information remains confidential. Two types of Oregon Manufacturer's Representative Agreements for the Sale of Products of Manufacturer to Distributors are: 1. Exclusive Representative Agreement: In this agreement, the manufacturer grants exclusive rights to the representative to sell its products within a defined territory. The representative becomes the sole channel for the manufacturer's products in that area, and no other representatives or distributors are permitted. 2. Non-Exclusive Representative Agreement: This agreement allows the manufacturer to engage multiple representatives to sell its products within a specified territory. The manufacturer can have several representatives operating simultaneously without exclusivity. In conclusion, the Oregon Manufacturer's Representative Agreement for Sale of Products of Manufacturer to Distributors is a comprehensive legal document that safeguards the interests of both the manufacturer and the representative. By establishing clear terms, duties, and responsibilities, this agreement helps facilitate a mutually beneficial and profitable business relationship in the distribution and sale of the manufacturer's products to distributors.Oregon Manufacturer's Representative Agreement for Sale of Products of Manufacturer to Distributors is a legally binding contract that outlines the terms and conditions between a manufacturer and a representative (also known as a sales representative or agent) regarding the distribution and sale of the manufacturer's products to various distributors. This agreement serves as the framework for the business relationship, establishing the roles, responsibilities, and obligations of both parties involved. The Oregon Manufacturer's Representative Agreement for Sale of Products of Manufacturer to Distributors encompasses a wide range of important provisions, including but not limited to: 1. Parties involved: This section identifies the manufacturer and the representative, stating their legal names, addresses, and contact information. It is crucial to accurately specify the terms of the agreement between the parties. 2. Appointment: This clause details the appointment of the representative as the manufacturer's exclusive or non-exclusive agent, authorized to promote, market, and sell the manufacturer's products within a specific territory or territories. 3. Scope of representation: This section outlines the specific products or product lines that the representative is authorized to sell on behalf of the manufacturer. It may also include exclusions or restrictions on certain products or territories. 4. Duties and responsibilities: The agreement defines the responsibilities of both parties, including the representative's obligations to use its best efforts to promote and sell the products, maintain adequate product knowledge, attend trade shows or exhibitions, and provide regular reports to the manufacturer. 5. Commission and compensation: This clause stipulates the commission structure or compensation plan that the representative will receive based on the sales generated. It may include details on commission rates, payment terms, and any associated expenses or reimbursements. 6. Termination: This section articulates the grounds for termination, including breaches of contract, non-performance, or other mutually agreed-upon circumstances. It may also include notice periods required for termination and the disposition of existing orders or inventory upon termination. 7. Intellectual property and confidentiality: This provision protects the manufacturer's intellectual property rights, trade secrets, and confidential information from unauthorized use or disclosure by the representative. It may include non-disclosure and non-compete clauses to ensure the manufacturer's proprietary information remains confidential. Two types of Oregon Manufacturer's Representative Agreements for the Sale of Products of Manufacturer to Distributors are: 1. Exclusive Representative Agreement: In this agreement, the manufacturer grants exclusive rights to the representative to sell its products within a defined territory. The representative becomes the sole channel for the manufacturer's products in that area, and no other representatives or distributors are permitted. 2. Non-Exclusive Representative Agreement: This agreement allows the manufacturer to engage multiple representatives to sell its products within a specified territory. The manufacturer can have several representatives operating simultaneously without exclusivity. In conclusion, the Oregon Manufacturer's Representative Agreement for Sale of Products of Manufacturer to Distributors is a comprehensive legal document that safeguards the interests of both the manufacturer and the representative. By establishing clear terms, duties, and responsibilities, this agreement helps facilitate a mutually beneficial and profitable business relationship in the distribution and sale of the manufacturer's products to distributors.
