The manufacturer heres presently grants the distributor the non-exclusive right, under the terms set out, to purchase, invent, promote and resell « manufacturing products » (as defined below) in the area below (the « territory »: none of these products shall prevent or prohibit the manufacturer from selling the manufacturer`s products to other distributors or directly to other products of the manufacturer than those listed below. : ______________________________________________________________________. The distributor will not use, authorize or authorize the use of the name or other trademarks or trade names belonging to the manufacturer as part of its company, company or company name. The distributor will not compete with the manufacturer`s right to use exclusively trademarks or trade names used or claimed by the manufacturer. The distributor may use the manufacturer`s name, trademarks and logos in advertising, stationery and business cards, or on its website, subject to the manufacturer`s instructions regarding the reproduction of these. Manufacturers must also be vigilant that the termination of a distributor, with or without cause, may result in serious lawsuits against the manufacturer, which relates to everything, from the broad category of « good faith » that deals with cartel claims and abuse of dominance. This is an area that is mature with dangerous legal pitfalls that vary from state to state. Before entering into a non-exclusive dealer agreement, we strongly advise you to consult a business lawyer who is competent about the impact in your state and the state of the distributor with respect to these agreements. However, there are far fewer risks associated with a non-exclusive contract than with an exclusive agreement. The distributor will maintain adequate inventories of the manufacturer`s products at all times and will aggressively and effectively encourage the sale of the manufacturer`s products through all distribution channels, in accordance with the manufacturer`s marketing policies and programs.
The distributor will do its best to sell manufacturing products to aggressive, serious and financially responsible distributors, providing satisfactory service to consumers throughout the distributor`s primary marketing sector. The distributor is entitled to enter into written agreements with its distributors regarding the purchase, resale and service of the manufacturer`s products on forms approved for this purpose by the manufacturer. However, the risk of withdrawal by traders is the only risk that the trader takes. Under no circumstances can the distributor demand reimbursement of unpaid invoices by a merchant or distributor. Can the distribution agreement, which is not exclusive, be used for the market, which is defined by sector and not by territory? All product sales from manufacturer to distributor are made at these prices and conditions in accordance with this agreement, as the manufacturer sees from time to time with a written delay of at least thirty (30) days. All prices are the location of the FOB manufacturer`s factory or storage, unless otherwise stated in this agreement. The risk of loss due to the deterioration or destruction of the manufacturer`s products is the responsibility of the distributor after delivery to the carrier for shipping.
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