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The Distribution of Products Agreement is a crucial document that outlines the terms and conditions between the Company and the Distributor. This agreement is entered into with the aim of extending the sales area to a specific territory and appointing the Distributor as the exclusive distributor of the Company's products in that territory. The document begins with an interpretation section, defining key terms used throughout the agreement.
The agreement specifies the appointment and term of the Distributor, stating that the appointment is exclusive and remains in force for an initial term of term years. It also outlines the purchase of products by the Distributor, stating that the Distributor shall buy its entire requirements for products from the Company at the Company's then current distributor list price.
The agreement further covers the sale of products by the Distributor, stating that the Distributor shall sell the products on its own behalf and not on behalf of the Company. It also outlines the distributor's general duties, including providing after-sales service, complying with the Company's instructions, and conducting business in a responsible and ethical manner.
The Company's general rights and duties are also addressed in the agreement. The Company agrees to provide technical assistance, training, and marketing materials to the Distributor. The agreement also includes provisions for confidentiality, intellectual property rights, liability, termination, force majeure, and general clauses.
Overall, this Distribution of Products Agreement is essential for establishing a clear and mutually beneficial relationship between the Company and the Distributor. It ensures that both parties understand their rights, obligations, and responsibilities, and provides a framework for successful distribution of the Company's products in the specified territory.
1. Review the entire Distribution of Products Agreement to familiarize yourself with its contents and purpose.
2. Understand the importance of the agreement in establishing a clear and mutually beneficial relationship between the Company and the Distributor.
3. Pay attention to the interpretation section, which defines key terms used throughout the agreement.
4. Note the appointment and term section, which specifies the exclusive appointment of the Distributor and the initial term of the agreement.
5. Understand the requirements for purchasing products from the Company at the distributor list price.
6. Familiarize yourself with the obligations and duties of the Distributor, including providing after-sales service and conducting business ethically.
7. Take note of the Company's rights and duties, such as providing technical assistance, training, and marketing materials.
8. Understand the provisions for confidentiality, intellectual property rights, liability, termination, and force majeure.
9. Ensure compliance with all applicable laws and regulations in the specified territory.
10. Seek legal advice if needed to fully understand the implications and obligations outlined in the agreement.
11. Maintain open communication with the Company and promptly address any issues or disputes that may arise.
12. Regularly review and update the agreement as necessary to reflect any changes in the business relationship or legal requirements.