Exclusive Distributorship Agreement
EXCLUSIVE DISTRIBUTORSHIP AGREEMENT
This Exclusive Distributorship Agreement (“Agreement”), made and effective this
________________________ (date), by and between (Company Name), A (State)
Corporation (“Manufacturer”) and
_________________________________________________________ (“Distributor”).
Manufacturer desires to appoint Distributor, and Distributor desires to accept
appointment, as an exclusive distributor of Manufacturer's products within a defined area
as set forth herein.
NOW, THEREFORE, in consideration of the mutual agreements promises set forth
herein, the parties agree as follows:
1. RIGHTS GRANTED.
Manufacturer hereby grants to Distributor the exclusive right, on the terms and conditions
contained herein, to purchase, inventory, promote and resell “Manufacturer's Products”
(as defined below) within the following area (the “Territory”):
________________________ Nothing herein shall prevent or prohibit Manufacturer
from selling any of Manufacturer's Products directly to the following customers: none.
2. PRODUCTS.
As used in this Agreement, the term “Manufacturer's Products” shall mean the products,
related service parts and accessories manufactured and/or sold by Manufacturer as
follows: All products in (Company Name).'s catalog.
3. TERMS OF SALE.
All sales of Manufacturer's Products to Distributor shall be made pursuant to this
Agreement at such prices and on such terms as Manufacturer shall establish from time to
time on at least thirty (30) days notice. All prices are FOB Manufacturer's plant.
Manufacturer agrees to properly pack all items for shipment. Risk of loss due to damage
or destruction of Manufacturer's Products shall be borne by Distributor after delivery to
the carrier for shipment. The shipper will be selected by Manufacturer unless Distributor
requests a reasonable alternative. All orders are subject to acceptance by Manufacturer.
Except as otherwise expressly agreed by Manufacturer in advance, this Agreement shall
control all aspects of the dealings between Manufacturer and Distributor with respect to
the Manufacturer's Products and any additional or different terms in any Distributor order
are hereby rejected. A minimum order of $ ____________.00 US dollars is expected,
with a 4 week lead time for all orders. Product will be prepaid as agreed by both parties.
Manufacturer will mark down all items by (number) % off list.
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