This Supply And Distribution Agreement template is designed for use in commercial relationships where a supplier wishes to appoint a distributor to sell and distribute their products in a defined territory under Austrian law. The document is particularly relevant for businesses operating within Austria or those entering the Austrian market, incorporating necessary provisions to comply with both Austrian commercial law and EU regulations. It is suitable for various distribution structures, from simple supplier-distributor relationships to more complex arrangements involving master distributors or multiple territories. The agreement covers essential elements such as appointment terms, territory definitions, supply obligations, pricing mechanisms, quality control, and intellectual property protection, while ensuring compliance with Austrian consumer protection laws and EU competition regulations. This template is typically used when establishing new distribution channels, formalizing existing relationships, or restructuring distribution networks in Austria.
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1. Parties: Identification and details of the supplier and distributor
2. Background: Context of the agreement and business relationship
3. Definitions: Key terms used throughout the agreement
4. Appointment and Territory: Scope of distribution rights and geographical territory
5. Supply Obligations: Supplier's obligations regarding product supply, quality, and delivery
6. Distribution Obligations: Distributor's obligations regarding marketing, sales, and market development
7. Ordering and Delivery: Process for ordering, delivery terms, and logistics
8. Prices and Payment: Pricing structure, payment terms, and invoicing procedures
9. Intellectual Property Rights: Usage rights for trademarks, patents, and other IP
10. Warranties and Quality Standards: Product quality guarantees and compliance requirements
11. Term and Termination: Duration of agreement and termination provisions
12. Post-Termination: Obligations and rights after agreement termination
13. Confidentiality: Protection of confidential information
14. Governing Law and Jurisdiction: Application of Austrian law and dispute resolution
15. General Provisions: Standard boilerplate clauses including force majeure, notices, and amendments
1. Minimum Purchase Requirements: Include when distributor must commit to minimum purchase volumes
2. Marketing and Promotion: Include detailed marketing obligations when specific promotional activities are required
3. Training and Support: Include when supplier provides significant technical or sales training
4. Non-Compete: Include restrictions on competing products (subject to EU competition law)
5. Data Protection: Include detailed GDPR compliance when personal data processing is involved
6. Insurance: Include specific insurance requirements for high-value or regulated products
7. Import/Export: Include for international distribution arrangements
8. After-Sales Service: Include for products requiring maintenance or warranty service
9. E-commerce Provisions: Include when online sales are permitted or restricted
1. Products Schedule: List of products covered by the agreement with specifications
2. Price List: Current prices and discount structures
3. Territory Map: Detailed definition of geographical territory
4. Quality Standards: Detailed product quality and handling requirements
5. Service Level Agreement: Specific performance metrics and requirements
6. Marketing Guidelines: Brand usage and marketing requirements
7. Technical Specifications: Detailed product technical information
8. Returns Policy: Procedures for handling product returns and complaints
9. Reporting Templates: Standard forms for required reporting
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