The Dealer Agreement is a crucial commercial contract used to establish and govern the relationship between suppliers/manufacturers and their dealers/distributors in the German market. This document is essential when a supplier wants to expand their distribution network through independent dealers while maintaining control over how their products are sold and distributed. The agreement must comply with German Civil Code (BGB) and Commercial Code (HGB) requirements, as well as EU competition laws. It typically includes detailed provisions on territory rights, product scope, pricing, minimum purchase requirements, marketing obligations, and quality standards. The Dealer Agreement is particularly important in industries where product distribution requires specific expertise, maintenance of quality standards, or after-sales service.
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1. Parties: Identification of the supplier/manufacturer and dealer with full legal details
2. Background: Context of the agreement and brief description of the parties' business relationship
3. Definitions: Definitions of key terms used throughout the agreement
4. Appointment and Territory: Appointment of dealer and definition of territorial scope
5. Products: Description and scope of products covered by the agreement
6. Dealer Obligations: Core responsibilities and commitments of the dealer
7. Supplier Obligations: Core responsibilities and commitments of the supplier
8. Ordering and Delivery: Process for ordering products and delivery terms
9. Prices and Payment: Pricing structure, payment terms, and related conditions
10. Intellectual Property Rights: Usage rights and restrictions regarding trademarks and other IP
11. Confidentiality: Protection of confidential information and trade secrets
12. Term and Termination: Duration of agreement and termination provisions
13. Post-Termination: Obligations and rights after agreement termination
14. General Provisions: Standard legal provisions including governing law, jurisdiction, etc.
1. Minimum Purchase Requirements: Used when specific purchase quotas or targets are required
2. Marketing and Promotion: Include when dealer has specific marketing obligations or restrictions
3. Training Requirements: Required when dealer must undergo specific product or service training
4. After-Sales Service: Include when dealer must provide maintenance or repair services
5. Stock Requirements: Used when minimum stock levels must be maintained
6. Non-Compete: Include when dealer is restricted from selling competing products
7. Insurance Requirements: Used when specific insurance coverage is mandatory
8. Data Protection: Include when significant personal data processing is involved
9. Export Control: Required when products are subject to export regulations
10. Compliance with Anti-Corruption Laws: Include for international dealings or high-value transactions
1. Products Schedule: Detailed list of products covered by the agreement
2. Price List: Current prices and discount structures
3. Territory Map: Detailed description or map of authorized territory
4. Technical Requirements: Technical specifications and standards dealer must maintain
5. Service Level Agreement: Detailed service standards and requirements
6. Marketing Guidelines: Guidelines for use of trademarks and marketing materials
7. Reporting Templates: Standard forms for required periodic reporting
8. Performance Targets: Specific sales targets and performance metrics
Relevant legal definitions
Clauses
Relevant Industries
Automotive
Electronics
Industrial Equipment
Consumer Goods
Machinery
Medical Devices
Software
Telecommunications
Construction Equipment
Agricultural Equipment
Fashion and Apparel
Home Appliances
Relevant Teams
Legal
Commercial
Sales
Business Development
Distribution
Supply Chain
Compliance
Operations
Channel Management
Relevant Roles
Commercial Director
Sales Director
Business Development Manager
Legal Counsel
Contract Manager
Distribution Manager
Channel Manager
Chief Commercial Officer
Sales Operations Manager
Regional Sales Manager
Compliance Officer
Supply Chain Manager
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