Sample Agreement For Exclusive Distributorship In Washington
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Exclusive distribution is when a manufacturer grants a single retailer or distributor the exclusive rights to sell their products within a specific region. The goal with this strategy is to create a sense of scarcity. If the product is only found in certain locations, demand can go up.
When a purchaser places restrictions on a supplier, this is also exclusive dealing. For example, a purchaser refuses to buy from a supplier unless the supplier agrees not to supply the purchaser's competitors.
Examples of companies that use exclusive distribution include Apple for its high-priced and luxury products, as well as companies like Lamborghini, BMW, Rolex, and Mercedes. These companies appoint only a few distributors to cover a specific region, maintaining exclusivity in their distribution agreements.
An exclusive distribution clause prevents the supplier from forming other distribution contracts in a given market or territory. This gives the distributor the exclusive right to sell the products in that region. Exclusivity might be provided contingent on the distributor's performance.
The Company represents and warrants that no other person or entity has any rights to sell and promote the Company's products or services, including those products or services listed in Attachment A (the “Products”) hereto, within the Exclusive Territory in derogation of the rights granted to the Exclusive Distributor ...
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).
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.
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.
Here are six steps you can take toward becoming a distributor: Identify your industry. The first step to becoming a distributor is identifying the industry you'd like to serve. Register your business legally. Seek suppliers and manufacturers. Plan your logistics. Apply as a distributor. Build relationships.
