The Resale Agreement Draft is essential for businesses operating in England and Wales that wish to establish authorized resale channels for their products or services. This document is particularly relevant in today's complex distribution networks, where manufacturers and suppliers need to maintain control over how their products are sold while providing resellers with clear operational guidelines. The agreement covers critical aspects such as territorial rights, pricing structures, performance targets, and compliance requirements. It protects both parties' interests while ensuring adherence to relevant UK legislation, including competition law and consumer protection regulations.
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1. Parties: Identification and details of the contracting parties
2. Background: Context and purpose of the agreement
3. Definitions: Key terms used throughout the agreement
4. Appointment and Territory: Scope of resale rights and geographical limitations
5. Supply Terms: Terms governing the supply of products, including delivery, acceptance, and quality requirements
6. Pricing and Payment: Price structure, payment terms, invoicing and payment conditions
7. Obligations of the Reseller: Key responsibilities and commitments of the reseller
8. Obligations of the Supplier: Key responsibilities and commitments of the supplier
9. Intellectual Property: Rights and restrictions regarding use of trademarks, patents and other IP
10. Term and Termination: Duration of agreement and circumstances for termination
11. Confidentiality: Protection and handling of confidential information
12. General Provisions: Standard boilerplate clauses including governing law, notices, and entire agreement
1. Marketing and Promotion: Specific obligations regarding marketing activities and promotional requirements
2. Minimum Purchase Requirements: Minimum order quantities or values that must be maintained
3. Training Requirements: Product training obligations and certification requirements
4. Non-Compete Provisions: Restrictions on competing activities during and after the agreement
5. Data Protection: Specific provisions for handling personal data under UK GDPR
6. Export Control: Provisions dealing with international trade restrictions and compliance
1. Schedule 1 - Products: Detailed list of products covered by the agreement
2. Schedule 2 - Price List: Current pricing structure and terms
3. Schedule 3 - Territory: Detailed description of authorized sales territory
4. Schedule 4 - Service Level Agreement: Performance metrics and service standards
5. Schedule 5 - Marketing Guidelines: Brand usage and marketing requirements
6. Schedule 6 - Reporting Requirements: Format and frequency of required reports
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