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Sample Agreement For Exclusive Distributor

2 min read

This Agreement is in all respects governed by the laws of the State, of the United States, which apply without reference to conflict of laws rules that might otherwise apply to other laws. The United Nations Agreement on Contracts for the International Sale of Goods shall not apply to purchases or transactions carried out in accordance with this Agreement. The court having jurisdiction over all actions brought against each other by the Parties to this Agreement in respect of or as a result of this Agreement shall be appropriate only in the case of a [State] State Court or the United States District Court for the District of [State]. The distributor thus submits to the exclusive jurisdiction of these courts and accepts the service of the lawsuit by sending a confirmed fax or by commercial mail (with written confirmation of receipt to the sender). At the end of this contract, the distributor ceases to be an authorized distributor. All sums due by the distributor to the manufacturer are due and paid immediately, regardless of previous conditions of sale; The distributor may not sell/license the supplier`s products through third parties (e.g. B OEMs, distributors, value-added resellers or other distributors or representatives) without the supplier`s prior written consent to the proposed relationship (including the specific terms of that relationship). 2. The manufacturer shall think long and hard about the ability to achieve the same or almost the same result with a non-exclusive agreement. Non-exclusive agreements have less influence on the manufacturer in situations where the distributor provides poor performance.

That is why these agreements are now more often than exclusive agreements. If the manufacturer opts for an exclusive agreement, he must be particularly careful when it comes to studying the financial and marketing capacity and commitment of the distributor. Simply put, the backdoor or exit position is much weaker, and distributors who seek exclusive deals and don`t easily pull demand are usually willing to fight hard to maintain their exclusive deals, no matter how bad they perform…




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