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Dealer And Distributor Agreement Template for Austria

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Key Requirements PROMPT example:

Dealer And Distributor Agreement

"I need a Dealer And Distributor Agreement for appointing an exclusive distributor in Austria for our medical devices business, with specific provisions for regulatory compliance and after-sales service requirements, to be effective from March 2025."

Document background
The Dealer And Distributor Agreement is essential for businesses looking to establish or formalize their distribution networks in Austria and potentially other territories. This agreement is particularly relevant when a manufacturer or supplier wants to expand their market reach through authorized dealers or distributors while maintaining control over their product distribution. The document, governed by Austrian law, comprehensively addresses all aspects of the commercial relationship, including appointment terms, territorial rights, performance obligations, and compliance requirements. It incorporates necessary provisions to comply with Austrian and EU competition laws, particularly regarding vertical agreements and territorial restrictions. The agreement is suitable for both exclusive and non-exclusive distribution arrangements and can be adapted for various industries while maintaining compliance with local regulatory requirements.
Suggested Sections

1. Parties: Identification of the supplier/manufacturer and the dealer/distributor, including full legal names and addresses

2. Background: Context of the agreement, brief description of the business relationship and parties' objectives

3. Definitions and Interpretation: Definitions of key terms used throughout the agreement and rules of interpretation

4. Appointment and Territory: Terms of dealer/distributor appointment, territorial scope, and exclusivity provisions

5. Products: Description of products covered by the agreement, including specifications and modifications

6. Orders and Supply: Process for ordering products, delivery terms, and supply chain obligations

7. Prices and Payment: Pricing structure, payment terms, and related financial obligations

8. Minimum Purchase Requirements: Required minimum purchase quantities or values, if applicable

9. Marketing and Promotion: Marketing obligations, advertising requirements, and brand promotion duties

10. Training and Support: Training requirements, technical support, and customer service obligations

11. Intellectual Property Rights: Usage of trademarks, patents, and other IP rights

12. Confidentiality: Protection of confidential information and trade secrets

13. Term and Termination: Duration of agreement, renewal provisions, and termination rights

14. Post-Termination Obligations: Obligations and rights of parties after agreement termination

15. Governing Law and Jurisdiction: Austrian law as governing law and jurisdiction for disputes

16. General Provisions: Standard legal provisions including force majeure, notices, and amendments

Optional Sections

1. E-Commerce Provisions: Required when online sales are permitted, including website requirements and online sales restrictions

2. Non-Compete Obligations: Include when parties agree to non-competition restrictions, ensuring compliance with EU competition law

3. Product Warranties: Detailed warranty terms when specific product warranties extend beyond statutory requirements

4. After-Sales Service: Include when specific after-sales service obligations are required

5. Data Protection: Detailed GDPR compliance provisions when significant personal data processing is involved

6. Insurance Requirements: Specific insurance obligations beyond standard business insurance

7. Import/Export Compliance: Required for cross-border distribution involving non-EU countries

8. Audit Rights: Include when supplier requires detailed audit rights of distributor's operations

Suggested Schedules

1. Schedule 1 - Products: Detailed list of products covered by the agreement, including specifications and pricing

2. Schedule 2 - Territory: Detailed description of geographical territory, including any excluded areas

3. Schedule 3 - Minimum Purchase Requirements: Detailed targets and minimum purchase obligations by product/period

4. Schedule 4 - Technical Requirements: Technical specifications, quality standards, and certification requirements

5. Schedule 5 - Marketing Guidelines: Detailed marketing requirements and brand usage guidelines

6. Schedule 6 - Service Level Requirements: Performance metrics and service level standards

7. Schedule 7 - Commission Structure: Detailed commission calculations and payment structures if applicable

8. Appendix A - Standard Operating Procedures: Operational procedures and compliance requirements

9. Appendix B - Reporting Templates: Standard forms for regular reporting and performance tracking

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions



















































Clauses









































Relevant Industries

Manufacturing

Automotive

Consumer Goods

Electronics

Industrial Equipment

Medical Devices

Software and Technology

Pharmaceuticals

Food and Beverage

Machinery

Retail

Telecommunications

Construction Materials

Fashion and Apparel

Home Appliances

Relevant Teams

Legal

Sales

Commercial

Business Development

Operations

Supply Chain

Compliance

Channel Management

Partner Management

Contract Administration

Distribution

International Trade

Relevant Roles

Commercial Director

Sales Director

Business Development Manager

Legal Counsel

Contracts Manager

Distribution Manager

Channel Manager

Chief Commercial Officer

Sales Operations Manager

Compliance Officer

Supply Chain Manager

Regional Sales Manager

Partner Manager

Account Executive

General Counsel

Chief Legal Officer

Operations Director

Industries










Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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