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Manufacturers Rep Agreement
"I need a Manufacturer's Representative Agreement for my medical device company, appointing an exclusive sales representative for the North Island of New Zealand, with minimum annual sales targets and special provisions for product training and regulatory compliance."
1. Parties: Identifies the manufacturer and the representative, including full legal names and addresses
2. Background: Sets out the context of the agreement, including the manufacturer's business, products, and desire for representation
3. Definitions: Defines key terms used throughout the agreement
4. Appointment and Territory: Defines the scope of appointment, territory, and whether the appointment is exclusive or non-exclusive
5. Representative's Rights and Obligations: Details the representative's authority, responsibilities, and performance standards
6. Manufacturer's Rights and Obligations: Outlines the manufacturer's commitments, support, and obligations to the representative
7. Commission Structure: Details the compensation structure, calculation methods, and payment terms
8. Term and Termination: Specifies the duration of the agreement and grounds for termination
9. Confidentiality: Protects confidential information of both parties
10. Intellectual Property: Addresses the use of trademarks, patents, and other IP
11. Non-Competition and Non-Solicitation: Restricts competitive activities during and after the agreement
12. Dispute Resolution: Sets out the process for resolving disputes
13. General Provisions: Contains standard boilerplate clauses including governing law, notices, and amendment procedures
1. Product Training: Include when specific product training requirements exist
2. Minimum Performance Requirements: Include when setting specific sales targets or performance metrics
3. Insurance Requirements: Include when specific insurance coverage is required
4. Post-Termination Obligations: Include when specific post-termination procedures are needed
5. Sub-Representatives: Include when the representative may appoint sub-representatives
6. Marketing and Advertising: Include when specific marketing obligations or restrictions apply
7. Warranty Handling: Include when the representative handles warranty claims
8. Inventory Requirements: Include when the representative maintains product inventory
1. Schedule 1 - Product List: Detailed list of products covered by the agreement
2. Schedule 2 - Territory Description: Detailed description of geographic territory and any exclusions
3. Schedule 3 - Commission Rates: Detailed commission structure, including any variations by product or customer type
4. Schedule 4 - Performance Targets: Specific sales targets and performance metrics
5. Schedule 5 - Approved Customer List: List of existing customers or approved customer types
6. Appendix A - Reporting Templates: Standard forms for sales reports and commission calculations
7. Appendix B - Marketing Guidelines: Guidelines for use of manufacturer's branding and marketing materials
8. Appendix C - Operating Procedures: Detailed procedures for order processing, customer service, and other operational matters
Authors
Manufacturing
Industrial Products
Consumer Goods
Electronics
Machinery and Equipment
Medical Devices
Automotive
Building Materials
Food and Beverage
Chemical Products
Textile and Apparel
Agricultural Products
Sales
Legal
Operations
Commercial
Business Development
Compliance
Contract Administration
Product Management
Executive Leadership
Finance
Chief Executive Officer
Sales Director
Business Development Manager
Sales Manager
Channel Manager
Legal Counsel
Commercial Manager
Operations Manager
Contract Administrator
Sales Representative
Regional Sales Manager
Product Manager
Managing Director
Chief Commercial Officer
Compliance Officer
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