Exclusive Distribution Agreement With Change Healthcare

Category:
State:
Multi-State
Control #:
US-00790BG
Format:
Word; 
Rich Text
Instant download

Description

Any exclusive supply agreement should be reviewed regarding possible antitrust risks. Vertical restraints of trade involve parties in the chain of distribution, e.g., the manufacturer to the wholesaler to the retailer. Neither sole outlets nor exclusive dealerships are an automatic violation of the Federal Sherman Antitrust Act. The courts use a rule of reason test.
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FAQ

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...

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.

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.

An exclusive distribution agreement is an agreement between a distributor company and a supplier company that grants the distributor exclusive rights to sell the suppliers goods. This means that the supplier agrees to now allow another distributor to sell its goods for the duration of the agreement.

An example of exclusive distribution is Apple solely authorizing AT&T to be the distributor of the iPhone to end users.

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Exclusive Distribution Agreement With Change Healthcare