Is production produced in colour or black and white? Specify whether the licensor or licensee can claim retransmission royalties. The appointment of a distributor may be the most efficient means of getting your products to new or expanded markets, either within the U. Drafting a distribution contract : Terms That Must Be Considered Trade mark licenses and licensing, i. Your distribution agreement should cover any events which may lead to the end of the agreement which are outside the control of either party. CHECKLIST : DISTRIBUTION AGREEMENT 1.
Most legal systems do not provide in specific legal provisions regarding the distributorship contract (unnamed contract). In order to fill this legal voi parties are well advised to negotiate a detailed and balanced contract. A distributor agreement is a legally binding contract in which the value exchange involves the right to resell merchandise in return for money.
Each major section of the checklist poses questions,. A Checklist of issues for manufacturers or producers and distributors to consider when drafting and negotiating a distributor agreement. This resource includes links to general and state-specific standard documents, standard clauses, and practice notes. Sign to make it legal Print a copy for each party to the distribution agreement along with the Schedule (s). Each party must sign and date both copies.
The date of the contract is the date on which the parties signed if that was the same day.
If they signed on different. Some of these small business forms (forms, agreements , contracts, etc) contain technical language. The distribution agreement clearly outlines the region each distributor is expected to cover, and the supply guidelines that comes with it.
Duration of contract One other guideline every distribution contract clarifies is how long the distribution contract is going to take. Distributor Agreement ;. After-termination procedures and rights. Rights and Obligations of Parties.
The agreement should clearly set forth the rights and obligations of both parties to the agreement. Clients also come to Brophy Law for help in succes. Product Availability. This checklist is an initiative of the Australian Music Industry Network.
What should go into a distribution agreement and why ? The first question that a manufacturer and distributor will have to address when entering into a distribution arrangement is whether to have a written distribution agreement. From the manufacturer’s point of view, it would be bordering on foolhardiness not to have such an agreement. There are many factors that go into creating the ideal distributor arrangement. To reduce potential problems, whoever drafts the distributor contract needs to verify that certain phrases are included and that each clause is enforceable.
Creating a checklist can help you make sure you cover all the necessary bases in your distributor agreement. The drafting of the distribution agreement may help in mitigating these risks and realizing the potential benefit of your relationship.
Pre- Agreement Cohabitation: a. Was there any period of cohabitation before this time? If so, how do you want to treat property acquired previously? EXCLUSIVE DISTRIBUTION AGREEMENT THIS AGREEMENT is made and entered as of _____, by and between CSEN International Ltd.
Make sure you carefully research a distributor before. Sales Representative. The agreement for distributorship is a sample and you will need to have an agreement specific to your state in the United States and have your lawyer over your small business look it over before any legal. An agreement checklist usually deals with specific terms and conditions.
It contains these necessary items: the offer, parties that are involve mutuality of obligation, mutuality of agreement , and valuable consideration. Just make sure that you outline the necessary information or terms that you want to include in your contract agreement. This is a standard introductory paragraph that lists the parties to the Agreement and the date the Agreement is being entered into. You need to enter the date of the Agreement , the names of the parties, the specific type of organization, and their addresses. Giles Dixon is a commercial solicitor with over years’ experience in energy, infrastructure and construction projects, and he is also the co-author of Exporting Made Easy, a practical guide to selling overseas with agents and distributors.
Here he gives advice about how to draw up a distribution agreement to ensure you have the appropriate agreement for. Promotional Materials. A practical distribution agreement whereby a merchant or manufacturer appoints a distributor who buys the goods and re-sells on his own account at home or abroad. Short version covering all basic matters but stripped of complicated options.
Favours merchant but can be edited easily to favour distributor. Includes extensive drafting notes. A checklist to aid in negotiating a licensing agreement , much less to aid in actually preparing and writing the agreement itself, may sound like a simplistic tool to an experienced negotiator or contract attorney.