The Distributorship Contract under Swiss law serves as the primary legal framework for establishing and managing distribution relationships in Switzerland or with Swiss entities. This agreement is essential when a manufacturer or supplier wishes to engage a distributor to sell and market their products in a defined territory. It is particularly relevant for both domestic Swiss distribution arrangements and international companies seeking to distribute products within or through Switzerland. The contract must comply with Swiss legal requirements, particularly the Swiss Code of Obligations and competition laws, while addressing critical commercial aspects such as exclusivity rights, minimum purchase requirements, and performance targets. This document is commonly used across various industries and can be adapted to accommodate specific product requirements, regulatory compliance needs, and industry standards. It's especially important for businesses expanding their distribution networks in Switzerland or Swiss companies establishing distribution relationships internationally.
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1. Parties: Identification of the supplier/manufacturer and distributor, including full legal names, registration details, and addresses
2. Background: Context of the agreement, brief description of the parties' businesses, and their intentions for the distribution relationship
3. Definitions: Definitions of key terms used throughout the agreement, including Products, Territory, Intellectual Property Rights, etc.
4. Appointment and Territory: Terms of distributor appointment, definition of territory, and any exclusivity provisions
5. Term: Duration of the agreement, including commencement date and any renewal provisions
6. Distributor Obligations: Core responsibilities of the distributor, including sales targets, marketing requirements, and customer service standards
7. Supplier Obligations: Core responsibilities of the supplier, including product supply, support, and training obligations
8. Orders and Delivery: Process for ordering products, delivery terms, and acceptance procedures
9. Prices and Payment: Pricing structure, payment terms, currency, and invoicing procedures
10. Intellectual Property Rights: Protection and usage rights of trademarks, patents, and other IP
11. Compliance: Requirements for regulatory compliance, including product safety and technical standards
12. Confidentiality: Protection of confidential information and trade secrets
13. Termination: Grounds for termination, notice requirements, and immediate termination rights
14. Post-Termination: Obligations and rights after contract termination, including inventory handling
15. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, entire agreement, and amendments
1. Non-Competition: Restrictions on competing activities during and after the agreement - include when exclusivity is granted or when protecting market position is crucial
2. Minimum Purchase Requirements: Specific purchasing obligations - include when supplier requires volume commitments
3. Marketing and Promotion: Detailed marketing obligations and cost-sharing - include when specific marketing requirements are essential
4. Training Requirements: Specific training obligations - include for technical or complex products
5. After-Sales Service: Service and warranty obligations - include for products requiring technical support or maintenance
6. Insurance: Specific insurance requirements - include for high-value or high-risk products
7. Data Protection: Detailed data protection provisions - include when significant personal data processing is involved
8. Force Majeure: Detailed force majeure provisions - include when supply chain disruption risks are significant
1. Products Schedule: Detailed list of products covered by the agreement, including specifications and prices
2. Territory Schedule: Detailed description of the geographic territory, including any excluded areas or customers
3. Performance Targets: Specific sales targets and performance metrics
4. Price List: Detailed pricing structure, including discounts and payment terms
5. Technical Requirements: Product-specific technical requirements and standards
6. Marketing Guidelines: Supplier's requirements for marketing and brand usage
7. Service Level Requirements: Detailed customer service and after-sales support standards
8. Approved Sub-distributors: List of approved sub-distributors if sub-distribution is permitted
Authors
Relevant legal definitions
Clauses
Relevant Industries
Consumer Goods
Industrial Equipment
Pharmaceuticals
Technology
Automotive
Food and Beverage
Electronics
Medical Devices
Luxury Goods
Software
Manufacturing
Retail
Chemical Products
Machinery
Relevant Teams
Legal
Commercial
Sales
Business Development
Supply Chain
Operations
Compliance
International Trade
Distribution
Contract Management
Relevant Roles
Commercial Director
Sales Director
Business Development Manager
Legal Counsel
Contract Manager
Distribution Manager
Supply Chain Manager
Chief Commercial Officer
Regional Sales Manager
Compliance Officer
General Counsel
Managing Director
Operations Director
Channel Manager
Export Manager
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