Editions Juridiques Multilingues


Distribution sélective - Online version in French

Distribution sélective
(DISTRIBUTION AGREEMENTS ,Selective Distribution)

In French - Online Version

Content of each agreement : Overview - Comments, clauses and variations - Checklist - Incidental documents - Texts - Bibliography

By Didier FERRIER, Professeur à la Faculté de droit et Science politique de Montpellier (France)

A Supplier may entrust the distribution of its products to an Agent in the context of a Commercial Agency or Commission Agency Agreement. It may also set up a preferential relationship with a Reseller by means of an Exclusive Purchasing Agreement, a Selective Distribution Agreement, an Exclusive Distribution Agreement or a Franchise Agreement. PACTA offers templates for each of these six contracts and their translation into English.

A Supplier may control the terms of resale for its products (after sales services, warranty, consulting, etc.) thanks to Selective Distribution, so that their quality and reputation is preserved. The Supplier selects the resellers that seem to it to be suitable to market its products, that suitability being assessed based on objective criteria (skills, facilities, etc.) and sometimes quantitative criteria also (limited number of distributors because of catchment areas or production capacities), and any distributor that does not meet those criteria will not be supplied. The selected reseller must undertake in return to comply with the quality demands for the sale of the products that are set by the Supplier.

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