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Six Rules for Negotiating a Better Distribution AgreementBalance. Balance in a distribution agreement ensures that neither party holds unfair power over the other.Due Diligence.Annual Termination and Semiautomatic Renewal.Comparison with Proven Industry Agreements.Four Eyes versus Two Eyes.Cause and Convenience.
Exclusive dealing or requirements contracts between manufacturers and retailers are common and are generally lawful.
The distributor has the right to sell the supplier's goods and services. Usually, the distributor sells to a network of retailers, as opposed to selling directly to the public. Sometimes, the distributor can use the supplier's intellectual property when advertising.
The Distributor Agreement should clearly set forth the duties, responsibilities and expectations of each of the parties. The Distributor Agreement should also set forth provisions related to limitations and protections that each party can understand.
In the absence of market power, a supplier generally is free to restrict a distributor's sales of competing products, although some state laws limit this ability.
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.
Signing a distribution agreement with a local distributor in the United States of America is one of the most common ways for foreign companies to enter the American market. It is also a great way to test whether a product can be marketed in the United States, without taking too many risks.
Here is a checklist of ten common mistakes to avoid when drafting your next distributor agreement.Too Much Too Fast.Termination for Cause Only.Annual Termination and Semiautomatic Renewal.Exclusive or Nonexclusive.Frequency of Price Changes.Termination by Only One Party - Not Both.Frequency of Amendments.More items...
Below is a basic distribution agreement checklist to help you get started:Names and addresses of both parties.Sale terms and conditions.Contract effective dates.Marketing and intellectual property rights.Defects and returns provisions.Severance terms.Returned goods credits and costs.Exclusivity from competing products.More items...