Distributors buy the products directly from the company, distribute it in the market and also provide after sales services, which the Agents do not provide. While an Agent can be called the company's representative, a Distributor cannot, as he buys the products and then resells them.
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.
Types of an Agency Contract Express Agency. Implied Agency. Implied agency arises when there is any conduct, the situation of parties or is necessary for the case.
Here are the steps to find and negotiate a distribution agreement: Step 1: Meet with the distributor. Step 2: Discuss the terms of distribution. Step 3: Review the details, such as marketing materials, catalogs, or product literature. Step 4: Hire a lawyer or an expert to draft the agreement.
When it comes to distribution agreements, there are four main types: exclusive, sole, non-exclusive and selective. It is important for suppliers as well as distributors to recognizse the advantages and disadvantages of each arrangement in order to pick the one that best fits their needs and objectives.
The agreement is usually between a manufacturer or vendor and a distributor but, in some cases, may involve two distributors or a distributor and some other channel entity.
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.
The basic elements required for the agreement to be a legally enforceable contract are: mutual assent, expressed by a valid offer and acceptance; adequate consideration; capacity; and legality. In some states, elements of consideration can be satisfied by a valid substitute.