The Purchase And Resale Agreement is a crucial commercial document used in Indian business operations where one party purchases goods with the intention of reselling them to others. This agreement is particularly relevant in distribution arrangements, retail chains, and trading relationships within the Indian market. It comprehensively addresses aspects such as purchase terms, resale rights, territorial restrictions, quality standards, and compliance with Indian regulatory requirements. The document is structured to comply with Indian commercial laws, including the Sale of Goods Act, 1930, and incorporates necessary provisions for GST compliance. It's commonly used when establishing new distribution channels, entering trading partnerships, or formalizing existing purchase and resale arrangements in various industrial and commercial sectors.
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1. Parties: Identification and details of the parties entering into the agreement
2. Background: Context of the agreement and business relationship between the parties
3. Definitions: Definitions of key terms used throughout the agreement
4. Purchase Terms: Terms and conditions relating to the initial purchase of goods including pricing, quantity, and delivery
5. Resale Rights and Obligations: Terms governing the resale of goods, including any territorial restrictions or market limitations
6. Pricing and Payment: Details of purchase price, resale price parameters, payment terms, and invoicing procedures
7. Delivery and Logistics: Terms regarding delivery, shipping, storage, and handling of goods
8. Quality and Specifications: Product specifications, quality standards, and inspection rights
9. Warranties and Representations: Warranties regarding products, authority to contract, and other standard representations
10. Intellectual Property: Rights and restrictions regarding use of trademarks, patents, and other IP in connection with the goods
11. Confidentiality: Obligations regarding confidential information shared between parties
12. Term and Termination: Duration of the agreement and circumstances for termination
13. Liability and Indemnification: Allocation of risks and responsibilities between parties
14. Force Majeure: Provisions for unforeseen circumstances affecting performance
15. Governing Law and Dispute Resolution: Applicable law and mechanism for resolving disputes
16. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment
1. Marketing and Promotion: Requirements for marketing and promoting the products - include when there are specific marketing obligations
2. Minimum Purchase Requirements: Minimum quantity or value requirements - include when there are specific targets
3. Training and Support: Terms regarding product training and technical support - include for complex products
4. Insurance: Specific insurance requirements - include for high-value goods or regulated products
5. Compliance with Laws: Specific regulatory compliance obligations - include for regulated industries
6. Data Protection: Data handling and privacy requirements - include when personal data is involved
7. After-Sales Service: Terms regarding warranty service and customer support - include for consumer products
8. Non-Competition: Restrictions on competing activities - include when exclusivity is important
9. Performance Metrics: Specific performance requirements and measurements - include when performance tracking is crucial
1. Product Specifications: Detailed technical specifications of the products
2. Pricing Schedule: Detailed pricing structure, including any volume discounts or special pricing arrangements
3. Territory Definition: Detailed description of authorized sales territories or markets
4. Quality Standards: Detailed quality requirements and testing procedures
5. Service Level Requirements: Specific service levels and performance metrics
6. Approved Sub-distributors: List of approved sub-distributors if applicable
7. Brand Guidelines: Guidelines for use of trademarks and marketing materials
8. Warranty Procedures: Detailed warranty claim and handling procedures
9. Compliance Requirements: Specific regulatory or industry compliance requirements
Authors
Relevant legal definitions
Clauses
Relevant Industries
Retail
Consumer Goods
Electronics
Automotive
Pharmaceuticals
Industrial Equipment
Fashion and Apparel
Food and Beverage
Technology
Telecommunications
Agricultural Products
Construction Materials
Medical Devices
Chemical Products
Textiles
Relevant Teams
Legal
Procurement
Sales
Commercial
Supply Chain
Operations
Finance
Compliance
Business Development
Distribution
Vendor Management
Relevant Roles
Procurement Manager
Sales Director
Commercial Director
Business Development Manager
Supply Chain Manager
Legal Counsel
Contract Manager
Chief Commercial Officer
Trading Manager
Distribution Manager
Retail Operations Manager
Vendor Relations Manager
Category Manager
Sourcing Manager
Compliance Officer
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