Distributor Agreement

This Packet Includes:

1. Description and Instructions

2. Distributor Agreement for use in India

Description and Instructions
Distributor Agreement

A Distributor Agreement governs the relationship between a manufacturing firm, sole selling agent of a company. It is the common feature of the manufacturing operations of the industrial concerns that distributors or resellers are appointed to sell the manufactured goods. It is because of this that Distributor Agreements are invariably considered a integral element to demarcate the contours of relations.

Distributors may be either exclusive (where there will be no other distributors in the territory or the geographic area) or nonexclusive (where new distributor might be one of several distributors franchised in the territory).

Some of the important features that such an agreement should include are:

a. Supplier/manufacturer’s conditions of supply;

b. Exclusive and Non-exclusive status of the distributor;

c. Restrictions on distributor selling competitive products;

d. Restrictions on distributor selling outside the agreement;

e. Duration and termination conditions;

f. Causes of termination and matters after termination;

g. Responsibilities and covenants of distributors with respect to storage, minimum quotas, transportation, etc.

h. Appropriate legal provisions, warranties and exclusions;

i. Use of trademarks and restrictions;

j. Ways of tackling frequent price changes, minimum quotas of sale, etc;

k. After sales services to customers

In India, since there are no specific regulations governing the activities of distributors, generally distributor agreements are governed by Indian Contract Act 1872.

DISCLAIMER:

FindLegalForms, Inc. (“FLF”) is not a law firm and does not provide legal advice.  The use of these materials is not a substitute for legal advice. Only an attorney / solicitor / lawyer can provide legal advice.  An attorney / lawyer / solicitor should be consulted for all serious legal matters.  No Attorney-Client / Solicitor-Client / Lawyer-Client relationship is created by use of these materials.  

THESE MATERIALS ARE PROVIDED “AS-IS.”  FLF DOES NOT GIVE ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY OR COMPLETENESS FOR ANY OF THE MATERIALS FOR YOUR PARTICULAR NEEDS.  THE MATERIALS ARE USED AT YOUR OWN RISK.  IN NO EVENT WILL:  I) FLF, ITS AGENTS, PARTNERS, OR AFFILIATES; OR II) THE PROVIDERS, AUTHORS OR PUBLISHERS OF ITS MATERIALS, BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATE OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER USED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THESE MATERIALS. 

The purchase and use of these forms is subject to the “Disclaimers and Terms of Use” found.

at www.findlegalforms.com