Washington Checklist for a Distribution Agreement

State:
Multi-State
Control #:
US-1340707BG
Format:
Word; 
Rich Text
Instant download

Description

Whether you are seeking to appoint distributors or intend to act as a distributor, this Distributor Agreement Checklist will ensure that you address all of the major issues in a distributor agreement.
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FAQ

A distributor does imply a closer relationship with the manufacturer. Essentially, a distributer buys direct from a manufacturer and sells to either resellers or, sometimes, the end-user directly. A reseller usually buys from a distributor or a wholesaler to get the best deal and sells directly to the end-user.

Products: The agreement should specify what products, product lines, or brands are included under the agreement. The agreement should also address whether and to what extent any new brands developed or acquired by the supplier would be included, or specifically, excluded from the agreement.

Parts of a Distribution AgreementNames 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...

The distributor usually buys directly from the manufacturer, holds inventory of the product, provides after-sale services, and resells the product to resellers and sometimes directly to end users.

There are four distribution agreement types including:Type 1. Exclusive distribution agreements.Type 2. Wholesale distribution agreements.Type 3. Distribution agreements for commissions.Type 4. Developer distribution agreements.

Distribution agreements define the terms and conditions under which a distributor may sell products provided by a supplier. Such an agreement may be for a limited term, and be further restricted by territory and distribution channel.

A reseller agreement can mean something different depending on who you ask. Typically, these are agreements where a vendor contracts with a reseller to allow them to sell the vendor's product or services to a third-party. There is the potential for misunderstandings if the wrong terms are included in the agreement.

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.

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.

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Washington Checklist for a Distribution Agreement