Advantages of distribution A supplier will not usually suffer any liability incurred as a result of the distributor's activities, whereas under an agency relationship, the principal is liable for the acts of its agent.
A distributor typically works with multiple manufacturers and multiple downstream entities. For each manufacturer, the distributor serves as an agent that enters into an agreement with the manufacturer to sell its products to retailers, VARs or wholesalers.
The term for Distribution Agreements varies, with terms being anywhere from 5 to 15 years. I try to limit the term as much as possible—especially when there is no advance, or a meager one.
A distribution agreement is the perfect place to establish the sales goals and expectations for both parties. The manufacturer wants to ensure that the distributor will actively promote and sell its products in the designated territory or channel and generate a certain level of revenue and profit.
A distribution agreement is a powerful tool that defines the rules of engagement between suppliers and distributors. These agreements can not only streamline your distribution process but also shield your business from potential pitfalls.
Limited Control. You're essentially putting all your eggs in one basket. If the relationship sours or the distributor doesn't perform to your expectation, it can be a setback that costs you months of sales. This is the main risk of working exclusively with one partner in a market.
Negotiating a Distributorship Agreement: Five Critical Steps to Success Execute a master agreement. Define the relevant goods subject to the agreement. Address all relevant intellectual property issues. Make sure renewal options and termination clauses allow the parties to adjust to changing market conditions.
These are the ten steps to be followed when valuing a distribution business. Analyze Financial Statements. Review Client and Supplier Contracts. Evaluate Market Position. Consider Asset Value. Assess Growth Potential. Review Industry Comparables. Calculate Earnings Multiples. Analyze Operational Efficiency.
10 Tips for Successful Contract Negotiation Start with a draft. Break it down into smaller pieces. Keep your initial terms simple. Know your “why.” ... Prioritize your key objectives. Ask questions and understand your counterparty's motives. Come prepared with research.