Despite the similarities, a reseller agreement generally does not create an agency relationship due to the absence of one of the fundamental characteristics of an agency relationship. In other words, a reseller cannot enter into contracts on behalf of the supplier that are typical of an agency relationship. With this case, there may be circumstances in which the dealer will argue and declare that he is acting as an agent of your company. In these cases, the courts will consider the content of the relationship and not the terms of the re-sale agreement. The best way to describe a reseller agreement is through an agreement between the goods supplier and the company that plans to distribute the same products to the general public. Such agreements have become commonplace around the world due to the marketing of different sectors and changes in the way consumers buy. A reseller contract (reseller contract) is a contract that authorizes a party (reseller) to sell, market, market, market or sell a product or service from another (supplier). Re-sale agreements are also called distribution, supply or distribution agreements. Often the supplier is also the manufacturer of the goods, but they may be the importer, a developer of the service or a licensee of software or training programs. Dundas Lawyers helps resellers, suppliers and manufacturers develop or verify reseller contracts to protect their interests in the transaction and ensure compliance with the rules in the future. From time to time, we also help with the assembly of documents for those who wish to make several contracts.
The agreement should specify the terms of the order for the products as well as the prices and terms of payment. Depending on the nature of your business, it may be helpful to have order date estimates so that you have sufficient inventory to meet the distributor`s requirements. Here are some of the key issues you need to consider and address in your sales contract. If you deliver your goods to a dealer, you should check to see if you have restrictions on where the dealer can sell your products. For example, if you have your own shop in the Brisbane CBD that sells your goods, it may be detrimental to allow another store nearby to resell the same goods. If you are a reseller who wants to enter into a reseller contract or if you are a supplier who wishes to establish your dealer agreement, you must ensure that your rights and interests are protected. If you are the supplier of products considered to be in a niche category and therefore have few other competing suppliers, it may be worth including a clause preventing the reseller from selling your competitors` products or similar products. Whistleblowing such an agreement in some countries can result in significant claims, which requires you to seek legal advice before the text is finalized. If you allow a retailer to promote your brand and products, you must consider the license related to the retailer that uses your brands in advertising. As a general rule, there are very specific provisions that detail how your intellectual property can be used and the circumstances under which it can be used by the reseller.
We strongly advise you to get the help of our team of experienced business lawyers when developing or entering into a dealer agreement, as we will be able to guide you through the agreement and help you make changes that meet the needs of your business. This re-sale agreement provides for the resale of industrial products. The checklist of this document and related documents can be www.contractstandards.com/checklists/che… When cooperating with a supplier of goods, resale must be prudent before the dealer agreement, which essentially defines its obligations when reselling the supplier`s goods. The supplier must also ensure that