The Exclusive Distribution Contract is a crucial document used when a supplier wishes to grant exclusive rights to a distributor to sell products within a specific territory in Belgium or from Belgium to other territories. This agreement type is specifically regulated under Belgian law, particularly the Law of April 27, 1999 on Commercial Distribution Agreements, and must comply with EU competition regulations. The document is essential for businesses seeking to establish a structured distribution channel while maintaining control over their product distribution and brand representation. It includes detailed provisions on exclusivity rights, minimum purchase requirements, performance standards, and termination conditions, all crafted to align with Belgian commercial law requirements and market practices.
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1. Parties: Identification and details of the supplier and distributor
2. Background: Context of the agreement and brief description of the parties' businesses
3. Definitions: Definitions of key terms used throughout the agreement
4. Appointment and Territory: Formal appointment of distributor and definition of exclusive territory
5. Term and Renewal: Duration of the agreement and renewal conditions
6. Exclusivity Obligations: Scope of exclusivity and any territorial restrictions
7. Supplier's Obligations: Key obligations of the supplier including product supply, support, and training
8. Distributor's Obligations: Key obligations of the distributor including marketing, minimum purchases, and reporting
9. Prices and Payment Terms: Pricing structure, payment terms, and price adjustment mechanisms
10. Orders and Delivery: Process for ordering products and delivery terms
11. Intellectual Property Rights: Usage rights and restrictions regarding trademarks and other IP
12. Confidentiality: Protection of confidential information and trade secrets
13. Non-Competition: Non-compete obligations during and after the agreement
14. Termination: Grounds for termination and termination procedures
15. Post-Termination: Rights and obligations after termination
16. Governing Law and Jurisdiction: Belgian law as governing law and jurisdiction for disputes
1. Product Registration: Required if products need regulatory approval or registration in the territory
2. Insurance Requirements: Detailed insurance obligations when dealing with high-value or regulated products
3. Data Protection: Required if personal data processing is involved in the distribution relationship
4. Import/Export Compliance: Required for international distribution involving customs and trade regulations
5. Quality Control: Detailed quality requirements for specific industries or regulated products
6. After-Sales Service: Required for products needing installation, maintenance, or warranty service
7. Performance Targets: Specific sales targets and performance metrics when required
8. Training Requirements: Detailed training obligations for technical or specialized products
1. Products Schedule: Detailed list of products covered by the agreement
2. Price List: Current prices and discount structures
3. Territory Definition: Detailed description of the exclusive territory including maps if necessary
4. Minimum Purchase Requirements: Specific quantities or values of required purchases
5. Technical Specifications: Product specifications and technical requirements
6. Trademark Usage Guidelines: Guidelines for using supplier's trademarks and branding
7. Service Level Agreement: Detailed service levels and performance metrics
8. Reporting Templates: Standard forms for required periodic reports
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