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Distribution and agency agreements: What to look out for? How to make sure that you will get a winning deal
1. 20 September 2015
Tranoi NYC
Distribution and agency
agreements: What to look
out for? How to make sure
that you will get a winning
deal
2. 2
Agent v distributor: what’s the difference?
Tranoi NYC
Agent Distributor
Provide service to supplier, either
introductions to customers or
conclusion of contracts on supplier’s
behalf
Resells goods bought from a supplier
Contract of sale of products:
supplier + customer
Contracts of sale of products:
distributor + customer
Distributor + supplier
Risk of bad debts: borne by supplier Risk of bad debts: borne by distributor
Commission-based remuneration Profit-based remuneration
4. 4
Getting the agency agreement right
Tranoi NYC
• Parties
• Definitions
• Duration of the agreement
• Responsibilities of the agent/distributor
• Responsibilities of the supplier
• Supply of products/services
• Commission
• IP rights (patents, trademarks, copyright)
• Supplier’s right to terminate
• Consequences of termination
5. 5
Getting the distribution agreement right
Tranoi NYC
• Parties
• Definitions
• Scope of appointment
• Duration of the agreement
• Terms of sale of products from supplier to distributor
• Obligations of distributor
• Advertising
• IP rights (patents, trademarks, copyright)
• Technical support and confidentiality
• Supplier’s right to terminate
• Consequences of termination
6. 6
Ialci @ Tranoi NYC
Distribution and agency agreements: What to
look out for? How to make sure that you will get
a winning deal?
Annabelle Gauberti
Crefovi founding partner – President of ialci
annabelle.gauberti@crefovi.com
@Crefovi on Twitter
Tranoi NYC