Although the parties are in any event required to comply with all relevant laws, it is normal to include a specific provision in the agreement on it. Suppliers should also take into account specific UK legislation. For example, the Corruption Act 2010 states that when an associate (z.B. a trader) takes bribes, the failure to stop the bribery is a corporate offence. Not preventing a related person from preventing complicity in tax evasion is another corporate offence. You should seek the assistance of a lawyer immediately if you have any doubts about its respect. The parties must also agree on whether these figures are subject to a steady increase or whether they are revised on an annual basis. What will happen if there is no agreement between the parties? Could this be a redundancy event? The parties must agree on when the contract can be terminated. Like what. B Can one of the parties terminate the termination contract (and how long for that notice period) or should a party be violated or subjected to an insolvency event? Can the distributor terminate the contract if it does not meet the minimum purchase targets? The terms of the distribution contract depend on the nature of the relationship between the parties, which often affects the risk and obligations that each party is prepared to assume.
This agreement (the “agreement”) is concluded between: two levels of support are provided in this agreement, the first being provided by the dealer directly to the customer and the second by the supplier through the reseller. The agreement must be secured on the territory or customers covered by the agreement. If the agreement provides for an exclusive distribution, it should also be provided for the position that is not currently covered by the distribution agreements. Can the distributor sell in these areas? Will it be able to acquire exclusivity in these regions in the future? Who else can sell there? These issues must not only reflect the agreement between the parties, but also respect competition law. “end-user license,” the license agreement between the end user and ESET SPOL to regulate the end-user`s use of the products; Regardless of the above, certain provisions of a distribution agreement can cause competition problems (for example. B pricing). As a result, the class exemption no longer applies to vertical agreements and it is important that the written document is reviewed by your legal counsel to ensure that they do not occur. In particular, selective distribution agreements can pose competition problems. If the agreement is a reseller agreement in the commercial context, the supplier (distributor) must ensure that the conditions are in accordance with the terms set out in its distribution agreement with the supplier or manufacturer above in the chain. For example, if the manufacturer is able to increase the price of the product, the distributor also needs the flexibility to do so in the reseller agreement.
As a result, a reseller may find that he or she does not have the power to negotiate the terms of the agreement. This guide therefore refers to distribution agreements that can be adapted if necessary when a “reseller agreement” is required. It is essential that the terms of a distribution agreement be clearly defined and cover all relevant issues in order to avoid possible confusion and litigation in the future and to ensure that the agreed terms are in accordance with competition law and other rules. It is therefore useful to be a legal advisor when developing and negotiating a distribution contract. However, the category exemption for EU vertical agreements, which excludes certain agreements from violating EU competition law and competition law in the UK, is coming to an end and it is not certain that the UK will then adopt changes at EU level.