Editions Juridiques Multilingues


Exclusive Distribution -Internet 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.

Managing the relationship between a Supplier and a Distributor may be effected by the formula of an Exclusive Purchasing Agreement: the reseller undertakes to purchase solely, or almost exclusively the products from the Supplier to the exclusion of competing products. In return, the Supplier provides certain economic advantages that nonexclusive purchasers do not have. The contract sets the terms under which further sales-purchases shall take place. This kind of arrangement allows a Supplier to set up a stream of business that ensures an outlet for its products.

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