20 September 2015Tranoi NYC

Distribution and agency agreements: What to look out for? How to make sure that you will get a winning deal

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Agent v distributor: what’s the difference?

Tranoi NYC

Agent DistributorProvide 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

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Getting the agreement right

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Getting the agency agreement right

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• 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

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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

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Ialci @ Tranoi NYC

Distribution and agency agreements: What to look out for? How to make sure that you will get a winning deal?

Annabelle GaubertiCrefovi founding partner – President of ialciannabelle.gauberti@crefovi.com@Crefovi on TwitterTranoi NYC