Exclusive Supply Agreement

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State:
Multi-State
Control #:
US-00790BG
Format:
Word; 
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Description

Any exclusive supply agreement should be reviewed regarding possible antitrust risks. Vertical restraints of trade involve parties in the chain of distribution, e.g., the manufacturer to the wholesaler to the retailer. Neither sole outlets nor exclusive dealerships are an automatic violation of the Federal Sherman Antitrust Act. The courts use a rule of reason test.
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FAQ

The name and addresses of both parties involved. A description of the supplier's services and requirements. Payments terms and frequency of payments. Confidentiality clauses. Refunds and compensation clauses. Renewal terms. Signatures, dates and witness signatures if applicable.

A distribution agreement is a legal agreement between a supplier of goods and a distributor of goods. The supplier may be a manufacturer, or may itself be a distributor reselling another's goods.

Exclusive Distributor. Terms And Conditions Of Sale. Pricing. Term Of The Agreement. Marketing rights. Trademark licensing. The geographical territory covered by the agreement. Performance.

As discussed in the Fact Sheets on Dealings in the Supply Chain, exclusive contracts between manufacturers and suppliers, or between manufacturers and dealers, are generally lawful because they improve competition among the brands of different manufacturers (interbrand competition).

The name and addresses of both parties. timeframes. responsibilities of both parties. pricing and payment details, including schedule and invoicing process.

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.

Key elements of a contract. For a contract to be valid, it must have four key elements: agreement, capacity, consideration, and intention.

Exclusive Supply Agreements: An exclusive supply agreement includes an agreement that restricts the purchaser from acquiring any goods or services from anyone other than the seller or any other person who may be nominatedvii.

Terms and conditions of sale; term for which the contract is in effect; marketing rights; trademark licensing; geographical territory covered by the agreement; performance; reporting; and. circumstances under which the contract may be terminated.

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Exclusive Supply Agreement