Who will use this document?
A person or company arranging terms for a distributor of products or services in Australia or overseas.
Key features:
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suitable for sale of goods or adaptable for services;
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suitable for distributor in Australia or overseas;
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ready for adaptation to particular needs of either or both parties;
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comprehensive provisions provide ideas for you to mould;
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real law in plain English.
Why use this document:
Whether you are a merchant or a distributor, the arrangements you make are one of the few areas comparatively free of regulation. You can make the deal you want. This agreement has been drawn to provide an armoury of ideas. You can be tough or tender.
A badly set up distribution agreement provides enormous scope for misunderstanding and financial loss. This is particularly so for the merchant, who may have to wait a considerable time for payment. The use of an agreement like this one will prompt careful thought and discussion and enable you to fashion a profitable arrangement.
This document includes provision for:
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merchant’s comprehensive conditions of supply;
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restrictions on merchant sales outside the agreement;
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minimum sale requirements;
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restrictions on distributor selling competitive products;
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distributor’s marketing obligations
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sales and other reports and information exchange;
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payment terms;
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passing of risk and title;
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termination and what happens afterwards;
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mutual preservation of confidentiality;
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protection of merchant’s intellectual property used by the distributor;
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limitation of merchant liability;
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appropriate legal provisions - warranties, exclusions, indemnities, etc.
