Editions Juridiques Multilingues


Selective Distribution - online version in english


In English - 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 representative may be required to intervene as Agent for and on behalf of a Supplier. The contract then usually takes the form of a Commercial Agency Agreement. The Supplier has total control over sales and establishes, by means of the Agent, direct relations with resellers or the end client, which becomes its client. The Agent benefits from protective provisos during the course of the contract execution and on termination.

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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