A distributor agreement is a legal contract between a manufacturer or supplier and a distributor. The agreement sets forth the terms and conditions under which the distributor is authorized to sell the manufacturer's or supplier's products.
Here is a basic outline of the types of provisions that might be included in a distributor agreement:
Parties: The agreement should identify the manufacturer or supplier and the distributor.
Scope of authority: The agreement should specify the geographic area in which the distributor is authorized to sell the products and any limitations on the types of products that the distributor is authorized to sell.
Term of the agreement: The agreement should specify the length of time that the distributor is authorized to sell the products.
Ordering and delivery: The agreement should specify how orders for the products will be placed and how the products will be delivered to the distributor.
Pricing and payment: The agreement should specify the price at which the distributor is authorized to sell the products and the terms of payment for the products.
Marketing and advertising: The agreement should specify the marketing and advertising responsibilities of the distributor, as well as any requirements for the distributor to use the manufacturer's or supplier's trademarks and branding.
Warranties and returns: The agreement should specify the warranties that the manufacturer or supplier provides for the products and the process for handling returns or other customer complaints.
Termination: The agreement should specify the circumstances under which the agreement may be terminated by either party.
It's important to have a well-drafted distributor agreement in place to protect the interests of both the manufacturer or supplier and the distributor. An attorney with experience in drafting and negotiating distributor agreements can help you create a contract that meets your needs.
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