Who will use this document?
Anyone (person or company) arranging terms for a distributor of products or services in Ireland or abroad.
Key features:
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appropriate for sale of goods or adaptable for services;
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appropriate for distributor in Ireland or abroad;
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flexible – can be easily adapted to suit individual requirements 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. It is flexible so you can be rough and resilient or gentle and compassionate – you choose the best for you.
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 create an advantageous 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 the aftermath;
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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.
