The Federal Insolvency Act allows a bankrupt company to confirm or deny current contracts. If a distributor goes bankrupt, the distribution agreement may be its main asset. Therefore, the distributor can confirm this contract. If so, the manufacturer will not have the choice to go under the federal insolvency law, but with confirmation. However, we find that it is not as serious as it initially appears. While the manufacturer is required to continue to comply with the contract, there are also obligations for the distributor/liquidator. This table briefly highlights some of the most important questions you should ask yourself when designing or reviewing a distribution agreement. This is not a complete checklist, as distribution agreements can range from a very short mail-order agreement that simply allows a company to sell your products to complex, complex and complex multi-page international agreements. We also note that software-related distribution agreements require some additional thinking. So we`ve included separate software distribution forms (see Software Distribution Agreement and Section XI). They generally have the form of a licence with the right of sublicensing and, in fact, they are sometimes referred to as such and not as a distribution agreement.
The agreement gives the distributor an advantage to ensure that there are no competitors in the indicated market. The supplier will often use this type of agreement as an argument in favour of an agreement. The termination provision is particularly important in the case of a termination agreement. The exact amount of termination before the termination comes into force must be clearly defined in the agreement. A manufacturer generally wants a short notice period. a much longer distributor. The reporting requirement should also be defined in the agreement. What exactly does the manufacturer ask distributors and how many times do they have to be submitted? Does the distributor have to draw up and submit a written sales plan or will the manufacturer do so? Some state franchise laws say that if the distributor is responsible for developing the marketing plan, the franchise law does not apply – the theory is that the franchise law only applies if the manufacturer prepares the plan and requires the distributor or franchisee to follow it.
Therefore, from the manufacturer`s point of view, it may be good, at least in these countries, for the distributor to take responsibility for developing a marketing plan. Should the distributor have a “primary area of responsibility”? The imposition of such a condition is an attempt by the manufacturer to encourage the distributor to take all possible sales out of a particular sector. Manufacturers are generally concerned about “Skimming” distributors. Here, a distributor will take the sale simple and fast and will not look for potential new buyers. A mutually beneficial and mutually beneficial agreement between the distributor and the producer could be reached by assigning the distributor a primary area of distribution responsibility, without preventing the distributor from complying with it. Distribution agreements give a distributor the right and obligation to sell and market the supplier`s products. This is a win-win situation for both the supplier and the distributor: for a fee or commission, the distributor markets the product so that the supplier does not have to worry about how it puts the right hands on its products. These agreements are also known as product distribution and distribution rights agreements. E. the performance of this distribution agreement by the company and the company`s performance of its obligations and obligations under this agreement do not contran an agreement; to whom the company is involved or to whom it is bound by others, and the distributor, during the implementation of the contract and for a period of five years after the expiry of the contract, confidentially retains all the terms of this agreement and does not provide any information contained in the agreement or provide any information about the activity of the brand, in particular the brand, products, products, goods and res