The performance commitment clause is very simple. The distributor is required to purchase a minimum amount of products during each year of the agreement (or another specified period). (a) liquidation period. At the expiry or expiry of this agreement, the distributor has the right to sell the rest of its products and spare parts on a non-exclusive basis, provided such an inventory is available; However, provided that the distributor complies with all the conditions set out in this Agreement, including those that limit the distributor`s activities. The distributor`s rights under this section 10, point a), are expressly subject to the supplier`s ability to repurchase the distributor`s inventory of products and spare parts in accordance with Section 10, point b. A non-exclusive distributor is not exclusive or exclusive distributor. This means that the supplier can make sales and designate other distributors in the designated territory. Yes, yes. The duration of the contract can be either indeterminate or for a fixed term (for example. B 5 years after execution).
In both cases, a minimum term may be set and termination fees “for convenience” may be limited so that they apply only after the minimum term has expired. (a) nomination. Subject to the terms of this Agreement, including, but not limited to the General Terms of Sale, the supplier herebly names the distributor as the exclusive distributor of products within the territory, and the distributor hereshes with this agreement. The distributor undertakes not to market products through negotiators without the supplier`s prior written consent. The distributor is not authorized to print, mail or otherwise use headers, business cards, literature, signage or other insurance on behalf of the supplier (or one of its related companies) or to make commitments on behalf of the supplier (or one of its related companies) without the express written permission of the supplier. The distributor expressly accepts that this agreement does not grant a licence for the use of suppliers (or any of the brands, trade names, service marks or logos (together the “supplier brands”). However, the distributor may indicate in its advertising and marketing materials that it is a distributor of supplier products and that it uses, if necessary, the supplier brands in its sales/marketing efforts. At the supplier`s request, the distributor will place references to trademarks, copyrights and related patents in its advertisements, advertising brochures and other marketing materials for supplier products. The supplier reserves the right to verify the distributor`s marketing and sales materials before they are published or used. As a result of this use or reference, the distributor will not be entitled to any rights and all of these rights, including value, will be conferred on the supplier and transferred to the supplier.