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A distribution agreement is one under which a supplier or manufacturer of goods agrees that an independent third party will market and sell the goods. The distributor buys the goods on their own account and trades under their own name.
A manufacturing and distribution agreement is a legally binding contract between a supplier or manufacturer and distributor of a product. The agreement sets forth certain roles, duties, and obligations which each party must uphold as long as the agreement is in effect.
The following is a checklist of factors to be considered when drafting a distribution contract: terms and conditions of sale; term for which the contract is in effect; marketing rights; trademark licensing; geographical territory covered by the agreement; performance; reporting; and.
Many distribution agreements contain a clause providing what the distributor gets paid for selling the product, as well as a commission based on the number of products it sells. Commissions give the distributor the added incentive of selling as much of the supplier's product as possible.
Below is a basic distribution agreement checklist to help you get started: Names 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.
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.
Key elements of a distribution agreement A distribution agreement should include key elements such as the scope and duration, rights and obligations, termination and dispute resolution, and confidentiality and intellectual property to ensure a clear and mutually beneficial relationship between you and your distributor.