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.
Wisconsin Manufacturer's Representative Agreement for Sale of Products of Manufacturer to Distributors A Wisconsin Manufacturer's Representative Agreement for the Sale of Products of Manufacturer to Distributors is a legally binding contract that outlines the terms and conditions governing the relationship between a manufacturer and its representatives (also known as agents or sales representatives) in the state of Wisconsin. This agreement establishes a framework for the sale and distribution of products manufactured by the manufacturer to various distributors within the designated territory. The agreement typically contains the following key elements: 1. Parties involved: This section identifies the manufacturer, the manufacturer's representative(s), and the distributor(s) who will be participating in the sale and distribution process. It includes their legal names and contact information. 2. Territory and exclusivity: The agreement specifies the geographical territory within which the manufacturer's representative is authorized to sell the manufacturer's products. It may also define whether exclusivity is granted to the representative, meaning that they have the sole right to sell the products within the assigned territory. 3. Products covered: This section describes the products that are subject to the agreement. It includes detailed specifications, models, variations, or SKUs (Stock Keeping Units) that the representative is authorized to sell on behalf of the manufacturer. 4. Payment terms and commissions: The agreement outlines the payment terms between the manufacturer and the representative, including the commission structure or fee schedule for the representative's services. It may specify whether the commission is based on a percentage of sales or a fixed rate per unit sold. 5. Obligations and responsibilities: This section defines the roles and responsibilities of both parties. It outlines the manufacturer's obligation to produce and supply the products, while highlighting the representative's duty to actively promote, market, and sell the products within the assigned territory. 6. Pricing and terms of sale: The agreement details the pricing mechanism and any possible discounts or incentives provided by the manufacturer to the representative or the distributor. It also includes terms related to credit, delivery, warranties, returns, and other conditions of sale. 7. Intellectual property and confidential information: This section addresses the protection of intellectual property rights, trademarks, patents, and proprietary information belonging to the manufacturer. It outlines the representative's duty to maintain confidentiality and refrain from disclosing or misusing any confidential information obtained during the agreement period. 8. Termination and dispute resolution: The agreement includes provisions regarding the termination of the contract, including scenarios such as breach of contract, non-performance, or termination by mutual agreement. It may also include dispute resolution mechanisms, such as arbitration or mediation, to resolve any conflicts that may arise during the course of the agreement. Types of Wisconsin Manufacturer's Representative Agreements for the Sale of Products: 1. Exclusive Wisconsin Manufacturer's Representative Agreement: This type of agreement grants exclusive rights to a single representative or agency to sell the manufacturer's products within a specific territory in Wisconsin. Other representatives or agencies are prohibited from selling the same products in that territory. 2. Non-Exclusive Wisconsin Manufacturer's Representative Agreement: This agreement allows multiple representatives or agencies to sell the manufacturer's products within the designated territory in Wisconsin. There is no exclusivity, and the manufacturer may appoint multiple representatives operating in the same territory. 3. Commission-Only Wisconsin Manufacturer's Representative Agreement: This type of agreement compensates the representative solely on a commission basis. The representative receives a pre-defined percentage of the sales value as commission, rather than a fixed fee or salary. 4. Territory-Specific Wisconsin Manufacturer's Representative Agreement: This agreement assigns specific territories within Wisconsin to different representatives or agencies. Each representative is responsible for selling the products only within their designated territory, ensuring comprehensive coverage across the entire state. Note: It is important to consult with legal professionals familiar with Wisconsin contract laws to create and modify the specific details of a Manufacturer's Representative Agreement tailored to individual business requirements.
