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Non Exclusive Distribution Agreement
I need a Non-Exclusive Distribution Agreement for my Danish skincare company to appoint a distributor in Sweden, with basic terms for product supply and minimum purchase requirements, starting from January 2025.
1. Parties: Identification of the supplier/manufacturer and distributor with full legal names and addresses
2. Background: Context of the agreement, including brief description of the parties' businesses and their intentions
3. Definitions: Definitions of key terms used throughout the agreement, including Products, Territory, and Intellectual Property Rights
4. Appointment and Scope: Terms of distributor appointment, non-exclusive nature, and territorial scope
5. Term and Termination: Duration of the agreement, renewal provisions, and termination rights
6. Distributor Obligations: Core obligations including marketing, minimum purchase requirements, and reporting duties
7. Supplier Obligations: Supplier's commitments regarding product supply, support, and training
8. Ordering and Delivery: Process for placing orders, delivery terms, and logistics arrangements
9. Prices and Payment: Pricing structure, payment terms, and currency provisions
10. Intellectual Property Rights: Protection and usage rights of trademarks, patents, and other IP
11. Confidentiality: Protection of confidential information and trade secrets
12. Competition and Territory Restrictions: Compliance with EU and Danish competition laws regarding territorial restrictions
13. Product Warranty and Liability: Warranty terms and allocation of product liability risks
14. Force Majeure: Provisions for handling unforeseen circumstances affecting performance
15. Governing Law and Jurisdiction: Danish law as governing law and jurisdiction for disputes
16. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment
1. Marketing and Promotion Requirements: Detailed marketing obligations when specific promotional commitments are required
2. Performance Targets: Specific sales targets and consequences of non-achievement, used when performance metrics are crucial
3. Training Requirements: Detailed training obligations when products require specific technical knowledge
4. After-Sales Service: Service obligations when products require maintenance or support
5. Non-Compete Obligations: Competition restrictions when allowed under applicable law and business needs
6. Data Protection: GDPR compliance provisions when personal data processing is involved
7. Import/Export Compliance: Special provisions when cross-border trade outside EU is contemplated
8. Insurance Requirements: Specific insurance obligations when high-value or high-risk products are involved
1. Schedule 1 - Products: Detailed list of products covered by the agreement, including specifications
2. Schedule 2 - Territory: Detailed description of geographical territory and any excluded areas
3. Schedule 3 - Prices and Payment Terms: Price lists, discount structures, and detailed payment conditions
4. Schedule 4 - Minimum Purchase Requirements: Specific quantities or values of required purchases, if applicable
5. Schedule 5 - Technical Specifications: Detailed product specifications and technical requirements
6. Schedule 6 - Service Level Requirements: Performance metrics and service standards
7. Schedule 7 - Trademark Usage Guidelines: Rules and guidelines for using supplier's trademarks
8. Appendix A - Reporting Templates: Standard forms for required periodic reporting
Authors
Consumer Goods
Electronics
Pharmaceuticals
Industrial Equipment
Automotive
Food and Beverage
Software and Technology
Medical Devices
Fashion and Apparel
Construction Materials
Telecommunications Equipment
Chemical Products
Sporting Goods
Home Appliances
Legal
Commercial
Sales
Business Development
Supply Chain
Operations
Compliance
International Trade
Distribution
Channel Management
Procurement
Commercial Director
Sales Director
Business Development Manager
Legal Counsel
Contract Manager
Supply Chain Manager
Distribution Manager
Channel Manager
Chief Commercial Officer
Regional Sales Manager
Procurement Manager
Operations Director
Compliance Officer
Export Manager
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