Exclusive Distribution Agreement Template Free
All product sales from manufacturer to distributor are made at these prices and conditions in accordance with this agreement, as the manufacturer sees from time to time with a written delay of at least thirty (30) days. All prices are the location of the FOB manufacturer`s factory or storage, unless otherwise stated in this agreement. The risk of loss due to the deterioration or destruction of the manufacturer`s products is the responsibility of the distributor after delivery to the carrier for shipping. The manufacturer chooses the sender, unless the distributor requires an appropriate alternative. All orders are subject to acceptance by the manufacturer. Unless the manufacturer has expressly agreed otherwise in advance, this agreement controls all aspects of the relationship between the parties with respect to the manufacturer`s products and all additional or derogatory conditions in a distributor order are hereafter rejected, unless the parties expressly consent to it prior to shipping and sign another agreement. 2. The manufacturer should think long and hard about whether or almost the same result can be achieved with a non-exclusive agreement. Non-exclusive agreements give the distributor less influence over the manufacturer in situations where the distributor is not doing well. These agreements are now more common than exclusive agreements. If the manufacturer opts for an exclusive agreement, it must be particularly careful in considering the financial and marketing power and commitment of the distributor. Simply put, the back door or starting position is much weaker, and distributors who want to enter into exclusive deals and don`t easily withdraw from demand are usually willing to fight hard to keep their exclusive deals, no matter how bad they are. The distributor will maintain adequate inventories of the manufacturer`s products at all times and will aggressively and effectively encourage the sale of the manufacturer`s products through all distribution channels, in accordance with the manufacturer`s marketing policies and programs.
The distributor will do its best to sell manufacturing products to aggressive, serious and financially responsible distributors, providing satisfactory service to consumers throughout the distributor`s primary marketing sector. The distributor is entitled to enter into written agreements with its distributors regarding the purchase, resale and service of the manufacturer`s products on forms approved for this purpose by the manufacturer. However, the risk of withdrawal by traders is the only risk that the trader takes. Under no circumstances can the distributor demand reimbursement of unpaid invoices by a merchant or distributor. The distributor contract is a type of agreement that is usually signed by the seller (manufacturer of goods) and a distributor to distribute or sell manufactured items or goods.