Distribution agreement: high brand value product
- Solicitor approved
- Plain English makes editing easy
- Guidance notes included
- Money back guarantee
About this document
You are a manufacturer of a product with high brand value. It could be FMCG or branded consumer durables, or patent protected industrial product.
This agreement has been drawn to provide an armoury of ideas. You can be tough or tender.
Through this agreement, you sell at home or abroad, to distributors or major retailers. Special terms are required to protect your very valuable brand and IP rights. These provisions affect many aspects of the deal. We have provided a specific licence to cover exactly what your distributor may or may not do.
Apart from the brand and trade mark protection, this is a comprehensive distribution agreement dealing thoroughly with all the issues you would expect it to cover.
We have worded the agreement in ways that seem simple and reasonable, but most provisions are there to safeguard your position and not your customer’s.
The distributor is responsible for all aspects of compliance with local law, whether relating to the product, the customer, importation or duties and taxes.
We have covered product recall, minimum sales requirement, how you want the whole subject of marketing to be approached and how he will report to you. We have provided a “joined up” procedure taking in order > acceptance > delivery > risk > title > payment > returns, and so on.
The contents of this document could be edited in the course of negotiation, but its best purpose is to use as a standard terms document, to which any merchant must sign if he wishes to use your services.
There are over 200 provisions in the document supported by over 3000 words of notes, including those supplied in a separate document. Plain English, our business understanding and thorough care, make this the perfect document for your business.
- Setting up the agreement
- Appointment of distributor and licence to use intellectual property
- Protection of intellectual property
- Distributor’s administrative obligations
- Distributor’s marketing obligations
- Approval of marketing plan and minimum sales
- Liaison and reports
- Protection of brand
- Manufacturer’s obligations
- Compliance and regulation
- Orders and acceptance
- Delivery and transportation
- Payment terms, including running credit account and letter of credit
- Risk and retention of title
- Returns and products defective or not as ordered
- Warranty and service policy
- Products recall
- Disclaimers and limitation of liability
- Mutual indemnities
- Assignment and change of control
- Confidential information
- Intellectual property
- Duration and termination
- Other important legal provisions
- Options for schedules you will probably need
This document was written by a solicitor for Net Lawman. It complies with current New Zealand law.
"I have found Net Lawman perfect for my needs and saved me thousand of dollars in legal fees getting a lawyer to produce these douc's from scratch. I have used three of the Net Lawman doc's to basically write up the NDA, contract, Non Solicitation agreements to a level of being 95% complete and then used my lawyer to sign off. My lawyer even commented how complete these doc's are.
Thanks guys, great service/product.
Cheers Dean"Dean Harper
"I have found the product exactly what I wanted and the notes helpful - as well as it being easy to locate, buy and download. There should be a better way of making your product more widely known. I have recently had experience of a tailor-made lease and this left a lot to be desired - whereas your product is well researched and ticks all the boxes."Ted
"Yes the document was very useful, easy to read and understand and contained everything I needed. I will definitely refer to your site in the future. "Vicky Gregory