6. All shipments of Products for Customers in the Territory, and any freight and shipping costs related thereto, will be Distributor’s responsibility. Title to the Products shall pass to Distributor upon delivery. Distributor shall be free to resell the Products for such prices and upon such terms and conditions as Distributor may see fit in its sole discretion. Get a Sample Distributor Agreement and Distributor Checklist available free to download for your business. PandaDoc is not responsible for examining or evaluating such Third Party Materials, and does not provide any warranties relating to the Third Party Materials. The distributor may also terminate this agreement at any time during the agency period, after giving one monthâs notice thereof, if the company fails to execute the orders booked by the distributor or if the medicines supplied by it are sub standard or if the company without just cause withhold the payment of the commission due to the distributor under the agreement â¦ Upon completion of this Agreement, or upon written notice from the Disclosing Party, the Recipient Party agrees to return all Proprietary Information in its possession. The Parties shall seek to resolve any dispute, controversy or claim arising out of or in connection with this Agreement, including without limitation, any dispute regarding the enforceability of any provision, through good faith negotiations between them within [Days of notice of dispute] days of any notice of dispute being served or such longer period of time as may be mutually agreed between the Parties. If you need help with contracts between manufacturers and distributors, you can post your legal need on UpCounsel's marketplace. A Distribution Agreement, also sometimes called a Distributor Agreement, is a document between two parties, a Supplier and a Distributor. Distributor Option to Renew. between the distributor and its sub-agents. This Agreement is a contract under the laws of the State of [State] and for all purposes shall be governed by and construed in accordance with the substantive laws of the State of [State], without regard to its principles of conflicts of laws provisions. DISTRIBUTION AGREEMENT. And Pro Distributors, herein referred to as the distributor whose address â¦ They mature. e. Payment. The rights granted Distributor hereunder are granted for the following geographical areas and markets. This Distribution Agreement, hereinafter referred to as "Agreement," is entered into and made effective as of _____ (the "Execution Date") by and between the following parties: _____ (the "Supplier"), a corporation, incorporated under the laws of the state of Alabama, having its â¦ These can be good models to use as a baseline to compare with the agreement you are going to sign. They decay. 3. There are many factors that go into creating the ideal distributor arrangement. Distributor may appoint sub-agents, sub-distributors, sub-representatives or other persons to act on Distributor’s behalf or to otherwise perform any of Distributor’s obligations under this Agreement within the Territory; provided that (i) any compensation to such sub-agent, sub-distributor, subrepresentative or other person to act on Distributor’s behalf or to otherwise perform any of Distributor’s obligations shall be solely Distributor’s responsibility, and (ii) such appointment does not deprive Company of the essential rights to which it is entitled under this Agreement. Upon Customer’s acceptance of any order, Distributor shall submit to Customer via wire transfer at least [Percent total order] of the total order price. YY. The example vendor agreement is a sample of a contract between two companies. e. Relationship of Parties. Governing Law. No need to spend hours finding a lawyer, post a job and get custom quotes from experienced lawyers instantly. Judgment on the award rendered by the arbitrator(s) may be entered by any court having jurisdiction over the dispute. They grow. Cumulative Remedies. Similarly, there are distributors, which do not share the relationship of principal agent, but works on an agreement basis known as Distributor Agreement. The Products manufactured and sold by Company to Distributor for distribution hereunder are as follows: d. Subagents. When the supplier signs a contract with a particular distributor, the supplier cannot enter into an agreement with a different distributor. One of the most serious mistakes to avoid is doing too much too fast. b. Exclusive Appointment. b. And Henry â¦ The Distributor will be free to utilise the names T-matic® and Thalmayr relative to promotional activities for products produced by The Manufacturer. Those pressures sometimes call for a change in the distributor agreement. Company shall have no control over or any liability in connection with the price at which Distributor resells the Products, and Distributor shall hold Company harmless and indemnify and defend Company from and against any liability resulting therefrom. This distributor agreement is drafted as per the State laws of the state of North Dakota and has been registered on this day of 20 th May 2011 between Jane Developers referred to as the manufacturer with office address located at: 41 Jane Lee Road, New York, North Dakota 5214. Any Party delivering an executed counterpart of this Agreement by telefacsimile shall also deliver a manually executed counterpart of this Agreement, but the failure to deliver a manually executed counterpart shall not affect the validity, enforceability or binding effect of this Agreement. The Distributor shall not assign this Agreement without the prior written consent of the Seller. Free Reseller Agreement Templates. Notices. Distributor shall not dispute or contest for any reason whatsoever, directly or indirectly, during the term of this Agreement and thereafter, the validity, ownership or enforceability of any of the trademarks of Company, nor directly or indirectly attempt to acquire or damage the value of the goodwill associated with any of the trademarks of Company, nor counsel, procure or assist any third Party to do any of the foregoing. You might be able to find examples through a distributor association for little to no cost. We highlight a few of them below. This Exclusive Distributor Agreement ("Agreement") is made and effective on this, the 30th day of September, 2005, by and between Laser Shot, Inc., a Texas corporation having offices at 12818 Century Drive, Stafford, Texas, 77477, United States of America ("Company") and Lamperd Less Lethal, Inc., a Canadian â¦ Distributor Agreement THIS DISTRIBUTOR AGREEMENT (this “Agreement”) is made and effective as of [Effective date], by and between [Sender.Company], a [Sender.Country] company, with an address located at [Sender.Address] (“Company”), and [Client.Company], a [Client.Country] company, with an address located at [Client.Address] (“Distributor”). Add images, video, pricing tables, and more. Distributor acknowledges that Company has not granted it any authority to make changes to Company’s terms and conditions of sale, grant any warranties in excess of those extended by Company or limit its liabilities or remedies less than Company limits its liabilities and remedies, sign quotations, incur obligations (expressed or implied), or in general enter into contracts on behalf of Company or bind Company in any transaction with customers, governmental agencies or third parties. Distributor is an independent contractor and is not the legal representative or agent of Manufacturer for any purpose and shall have no right or authority (except as expressly provided in this Agreement) to incur, assume or create in writing or otherwise, any warranty on the part of Manufacturer.Manufacturer shall not exercise any control over any of Distributor's â¦ e. It is understood that all Proprietary Information disclosed under this Agreement, is, and shall remain, the property of the Disclosing Party. Instead, pick distributors with proven track records in their respective territories. Unless otherwise expressly authorized by the Disclosing Party, the Recipient Party agrees that it and any of its personnel receiving Proprietary Information under this Agreement shall treat such Proprietary Information in strict confidence with the same degree of care applied to its own Proprietary Information of like importance, which it does not wish to disclose, publish, or disseminate to third parties. Territory. a. Distributor shall submit to Customer via wire transfer the remaining balance upon receipt of the Products at Distributor’s facility. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY SPECIAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT OR PURCHASE OR USE OF THE PRODUCTS. All such communications shall be sent to the addresses for each Party as first set forth above, or to such other addresses or numbers as any Party may inform the others by giving [Days prior notice to inform] days prior notice. As used herein, the term “Proprietary Information” means any information, technical data, or know-how (including, but not limited to, information relating to products, software, services, development, inventions, processes, techniques, customers, pricing, internal procedures, business and marketing plans or strategies, finances, employees and business opportunities) disclosed by one Party (the “Disclosing Party”) to the other (the “Recipient Party”) either directly or indirectly in any form whatsoever, including, but not limited to, in writing, in machine readable or other tangible form, orally or visually. When you sign an agreement with a new distributor, be sure to pick a manageable territory from the start. Distributor shall limit its activities with respect to the Products to Customers located within the Territory and refrain from selling or otherwise transferring, directly or indirectly, the Products to any person outside the Territory, without the express written consent of Company. Company understands that its timely acceptance of orders from Distributor hereunder is an important element of this Agreement. g. Entire Agreement. The cosigner acts as a middleman between the manufacturer and the ultimate consumer. DEFINITIONS. Company shall not sell or otherwise supply, directly or indirectly, the Products in the Territory except by sale through the Distributor, and Company shall not contact any of Distributor’s Customers for any reason, without the prior written approval of Company. Relationships between manufacturers and distributors are organic. DISTRIBUTION RIGHTS. Download OEM manufacturing agreement template -PDF/DOC To reduce potential problems, whoever drafts the distributor contract needs to verify that certain phrases are included and that each clause is enforceable. -2-7. One renders vendor management service and staffing services to assist clients in their automated staffing management process. XX. Subject to the terms and conditions of this Exclusive Distribution Agreement, Supplier appoints Distributor, and Distributor accepts such appointment and agrees to act as Supplierâs exclusive distributor of the Supplier Products (defined below) within the geographical territory defined as follows (the âTerritoryâ):PandaTip: You will want to firmly scope the geographical area where the Distributor is permitted exâ¦ Now, Therefore, in consideration of the foregoing, and of the mutual benefit contained herein, the Parties, intending to be legally bound, agree as follows: a. the Distributor will not be authorised to make any legal or contractual agreements under the name of the Manufacturer without prior agreement. a. Indemnification. For example, an agreement between a manufacturer and distributor reinforces national divisions in trade between Member States if the manufacturer entirely prohibits the distributor from supplying customers outside the distributorâs territory. It clearly states the terms of their agreement in a concise, formal manner. Obligations After Termination. a. e. Counterparts; Telefacsimile Execution. Links to such Third Party Materials are for your convenience and does not constitute an endorsement of such Third Party Materials. Distributor shall assign to Company, without charge, any rights in the trademarks of Company that may inure to the benefit of Distributor pursuant to this Agreement or otherwise. Want High Quality, Transparent, and Affordable Legal Services? b. Subject to Company’s right to increase the price only once per year per the terms and restrictions contained in the Agreement, and Company’s right to decrease the price at any time upon notice, the Products shall be sold by Company to Distributor at the following Prices and Volume Discount Prices. b. b. [Number business days of order acceptance]. The Distributor can also be an individual or a business â¦ Distributor is a company duly organized, validly existing and in good standing in Australia, is qualified to do business and in good standing in each jurisdiction located within the Territory and is and will remain in compliance with all applicable laws and regulations in the conduct of its business and, specifically, in its sale of the Products and provision of any services hereunder. In addition to any other responsibilities stated in this Agreement, Company will: a. provide, at Distributor’s reasonable request and without charge, up to 10 hours of training with regard to any characteristics of the Products that Distributor deems reasonably necessary for Distributor and its employees and agents to fulfill the purposes of Distributor’s appointment. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb. This Agreement shall become effective on the date first written above and shall continue in effect for a period of [Number of years in effect] years. outlines the parameters of a business relationship between a distributor and their manufacturer or the supplier of their products Distributor shall have the option to renew this Agreement for an additional [Additional number year] year period by providing prior written notice to Company within [Number days end of period] days of the end of the initial period of this Agreement. Hire the top business lawyers and save up to 60% on legal fees. d. Terms of Sale. This Agreement may be amended only by a writing signed by each of the Parties, and any such amendment shall be effective only to the extent specifically set forth in such writing. Manufacturer in accordance with the preceding subsection shall be paid in full within Ten (10) days after Distributor's receipt of an invoice covering such Product. They develop. In the event that this Agreement is terminated or expires on its own terms, Company shall have no further responsibilities to Distributor except that in the event the Agreement terminates for any reason other than a breach hereof by Distributor, Company shall be obligated to process orders accepted by Company prior to the effective date of such termination or expiration or within [Days after termination] days thereafter. External factors periodically apply pressure to the distributor and manufacturer. Distributor may appoint sub-agents, sub-distributors, sub-representatives or other persons to act on Distributorâs behalf or to otherwise perform any of Distributorâs obligations under this Agreement within the Territory; provided that (i) any compensation to such sub-agent, sub-distributor, subrepresentative or other person to act on Distributorâ¦ a. c. Company shall package the Products for shipment in accordance with Distributor’s instructions. EXECUTION COPY. Here is preview of This First Sample Reseller Agreement â¦ condition set forth between the pertain thereto. Within [Days of receipt] days of receipt of such Products, Distributor will notify Customer of any shortages, defects, or non-conformance, and Customer will promptly replace such Products free of charge. 7. Delivery of an executed counterpart of this Agreement by telefacsimile shall be equally as effective as delivery of a manually executed counterpart of this Agreement. Either Party may terminate this Agreement prior to its expiration upon the occurrence of either of the following: (i) the other Party becomes insolvent, or institutes (or there is instituted against it) proceedings in bankruptcy, insolvency, reorganization or dissolution, makes an assignment for the benefit of creditors or becomes nationalized or has any of its material assets confiscated or expropriated; or (ii) the other Party (in this case, the “breaching Party”) fails to perform any of its obligations hereunder and fails to correct such failure within [Number calendar days] calendar days after receiving written demand therefore from the non-breaching Party, specifying the failure in sufficient detail for the breaching Party to correct such failure; provided, however, that upon a second breach of the same obligation by such Party, the other Party may forthwith terminate this Agreement upon notice to the breaching Party. When drafting a distributor agreement, look at solid agreements within your industry. Below is an example of a table of contents for such a standard agreement. 13. [Client.FirstName] [Client.LastName][Client.Company], [Sender.FirstName] [Sender.LastName][Sender.Company]. You may also see Work Agreement Templates. Sample Manufacturer distributor agreement. Company manufactures and sells the products listed in Section 1.c below (the “Products”). Share it with your network! This Agreement constitutes the entire and only agreement between the Manufacturer and Distributor with respect to its subject matter and there are no understandings or representations of any kind, express, implied, oral, written statutory or otherwise, not expressly set forth herein. Orders shall be made with Company. This Agreement is the entire agreement and understanding between the Distributor and the Seller and no amendment or changes in it shall be binding unless made in writing and signed by the authorized representatives of the â¦ This Agreement constitutes the entire and only agreement between the parties hereto and supersedes all previous negotiations, agreements, commitments relating to the sale of Products and shall not be released, discharged, changed or modified in any manner, except by instruments signed by duly â¦ c. Disputes. how the manufacturerâs logos and other trademarks are to be used during distribution. A contract between manufacturer and distributor is known as a distributor agreement. The Distributor and Company, as applicable, make the following representations, warranties and covenants: a. That the Distributor shall ensure safe and sound custody of goods, so that goods may not be between. f . INDEX. 8. This Agreement contains the entire agreement of the Parties with respect to the transactions contemplated hereby and supersedes all prior written and oral agreements, and all contemporaneous oral agreements, relating to such transactions. If your intended distributor only has proven success in a small market, it wouldn't make sense to assign it a large territory and hope it works out. Size: 41 KB; Downloads: 4503; Filename: Product-Distribution-Agreement.docx; Uploaded: 2015-11-16 10:49:00 / 8519 The Distributor will use best reasonable efforts to distribute the Products in the Territory. g. This Agreement is the binding legal obligation of each Party and is enforceable in accordance with its terms. Neither Party shall be held liable for any failure to perform that is due to any cause or circumstance beyond the reasonable control of such Party, including without limitation a demand for such Products and other products manufactured by Company which exceeds Company’s ability to supply them, earthquakes, fire, accidents, floods, storms, other Acts of God, riots, wars, rebellions, strikes, lockouts or other labor disturbances, national or international emergencies, failure to secure materials or equipment from usual sources of supply, failure of carriers to furnish transportation, government rules, regulations, acts, orders, restrictions or requirements or any other cause or circumstance beyond the reasonable control of such Party. Company agrees to sell, and Distributor agrees to purchase, the Products in accordance with the Prices and Volume Discount Prices set forth in Schedule A. The agreement for distributorship is a sample and you will need to have an agreement â¦ EXCLUSIVE MASTER DISTRIBUTION AGREEMENT BETWEEN ARGISOLAR SOLUTIONS, INC. AND AGRI-TECHNOLOGIESLLC. Such Prices and Volume Discount Prices shall only be subject to increase once per year on each anniversary date of this Agreement, provided (i) Company provides Distributor with at least [Days written notice] days prior written notice of any such increase, and (ii) such increase does not exceed [Percent] of the preceding year’s Prices and Volume Discount Prices nor the lowest price charged to others for the same Product. These are also known as agreement for distribution. If youâre going to use an already existing distribution agreement sample, you will easily notice them in the text. Track opens, views, and time spent on each page. Company is a corporation, duly organized, validly existing and in good standing in [State or Country], and is and will remain in compliance with all applicable laws and regulations in the conduct of its business and, specifically, in its sale of the Products. Use this free prenuptial agreement as a sample to customize after marrying. Distributor is an independent contractor and is not and shall not be deemed to be an employee, legal representative, dealer, general agent, joint venturer or partner of Company for any purpose. d. Company has all rights, power, and authority to enter into this Agreement, e. Company’s execution of this Distributor Agreement, and Company’s performance of its obligations and duties hereunder, do not and will not violate any agreement to which Company is a party or by which it is otherwise bound, and. For the avoidance of doubt, the customer and subdistributor lists of Distributor shall be deemed to constitute Proprietary Information under this agreement. Sample agreement. This Distribution Agreement (the "Agreement") is made on the [Day Ordinal Number] day of [Month], [Year] by and between [Supplier Name] with a principal business address at [Underlined Space for Supplier Business Address, including state and zip code] (the "Supplier") and [Distributor Name] with a principal place of business at [Underlined Space for Distributor â¦ b. INTERNATIONAL DISTRIBUTOR AGREEMENT THIS INTERNATIONAL DISTRIBUTOR AGREEMENT (this âAgreementâ) is made and entered into on _____, 1999 ... employment shall arise between COMPANY and DISTRIBUTOR, or between COMPANY or any employee or representative of DISTRIBUTOR. There is a limit on how many partnerships suppliers and distributors can enter into. Ultimately, they expire. The terms include purchase order, delivery, shipment, title and risk of loss. The Supplier can be an individual or business and is the party that "supplies," or sells, the goods to the Distributor. This Agreement includes the whole contract between the actions with regards to its topic and includes and supersedes all before agreements, representations and understanding of the actions, launched or oral. Trade mark licenses and licensing, i.e. There are many factors that go into creating the ideal distributor arrangement. The arbitrator(s) shall not be empowered to award punitive or other damages in excess of compensatory damages, and both parties irrevocably waive the right to any such damages. State of Alabama. Survival. TREX DISTRIBUTOR AGREEMENT ----- THIS AGREEMENT is made as of _____, by and between TREX COMPANY, LLC ... (for example, accidents or abuse while in Distributor's ... devices utilized by the Company, prices, quotes, suppliers, manufacturers, customers with whom the Company deals (or organizations or â¦ IN WITNESS WHEREOF, this Agreement was signed by the Parties under the hands of their duly authorized officers and made effective as of the date first written above. 1. Sample Basic distributor agreement. 2. Use this lodger agreement template to create a legal ground for your next tenant or roommate. The relationship between Manufacturer and Distributor is that of vendor and vendee. If the Parties are unable to resolve the dispute within this timeframe, and one or both parties one or both parties desire to pursue the dispute, the complaining party must submit the dispute to binding arbitration in accordance with the rules and regulations of the American Arbitration Association. Also, it's important to have an experienced distribution agreement attorney review prior to final signatures, but don't rely solely on them. Distributor shall execute any documents or do any acts that may be required to accomplish the intent of this Section. This Agreement shall be binding upon and shall inure to the benefit of each of the Parties and their respective successors and permitted assigns. In the event that the parties cannot agree upon an arbitrator within a [Number day period] day period, each party shall designate an arbitrator and those two arbitrators shall choose a third arbitrator, with that third arbitrator serving as the sole arbitrator of the dispute. This agreement is made and entered into on Day of Month, Year by and between Seller (the âSellerâ), a company located at Seller' Address and Distributor (the âDistributorâ), a company located at Distributor's Address. This agreement, effective from the date of 20 th of May 2011 is entered between Flat Tires, referred to as the manufacturer whose address is: 41 Owen Wilson Road, Mary Land, New Orleans 5124. Was this document helpful? Being able to focus on this can help you ensure that you and the business that you are transacting with are on the same level or phase when it comes to the â¦ MARKETING, SALES, DISTRIBUTION AND LICENSE AGREEMENT. They are born. No single or partial exercise of any such right or remedy by a Party, and no discontinuance of steps to enforce any such right or remedy, shall preclude any further exercise thereof or of any other right or remedy of such Party. and. THIS EXCLUSIVE MASTER DI STRIBUTION AGREEMENT (this "Agreement") is made as of the last date of signature ("Effective Date"), by and between ARGISOLAR â¦ Free Sample Vendor Agreement Template b. provide to Distributor, without charge, reasonable quantities of promotional literature, brochures and commercial and technical information regarding the Products; c. provide sales support and technical training to Distributor and its personnel as deemed reasonably appropriate by Company. c. Products. Notwithstanding anything to the contrary set forth herein, no termination of this Agreement shall relieve any Party from any obligations hereunder which are outstanding on, or relate to matters or claims occurring or arising prior to, the date of such termination or which survive such termination by their own terms or nature. , agents or representatives of manufacturer or contractual agreements under the name of the Parties will share equally the of! 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