Exclusive Distribution Agreement Letter

(d) reservations of rights on the part of the supplier. Supplier reserves the right to take the following steps at any time if [insert number in words] ([insert number]) calendar days prior to written notification to Reseller without liability: (i) add or remove products to Annex B, (ii) change or update the design of the products or part of the products and (iii) sell exclusively on a direct or indirect basis to certain types of customers or accounts. on the territory. (a) appointment. Subject to the terms of this Agreement, including but not limited to the Terms and Conditions of Sale, Supplier shall appoint Distributor as its exclusive distributor of products within the Territory, and Distributor hereby agrees to such appointment. The distributor undertakes not to market products through negotiators without the prior written consent of the supplier. The designation of the distributor by the supplier in section 1 of this agreement is an exclusive date for the distribution of the products in the territory. The supplier may not independently advertise, promote and sell supplier products, support supplier products or designate additional distributors for supplier products in the region. (a) expiry period. Upon termination or expiration of this Agreement, distributor has the right to sell its remaining inventory of products and spare parts on a non-exclusive basis as long as such inventory exists; provided, however, that the distributor complies with all the conditions of this Agreement, including those that limit the distributor`s activities. The distributor`s rights referred to in this Article 10 (a) shall be expressly subject to the possibility for the Supplier to repurchase the distributor`s inventory of products and spare parts in accordance with Article 10(b) of this Agreement. Please note that the duration of the contract (for the completion of Annex A) and any notice of termination from the supplier should take into account the nature of the distribution partnership.

The NSW Court of Appeal ruled (and followed in an interim application by TCS Aces Pty Ltd) that the business relationship should continue sufficiently after the distributor`s termination for the distributor to be able to “recover exceptional expenses or efforts” and, in particular, where such expenses/efforts were incurred “with the tacit or actual authority” of the supplier. . . .

Comments are closed.