Non Exclusive Distribution Agreement Template for Austria

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Key Requirements PROMPT example:

Non Exclusive Distribution Agreement

"I need a Non Exclusive Distribution Agreement for my Austrian electronics manufacturing company to appoint a distributor in Germany, with provisions for quarterly minimum purchase requirements and specific product training obligations, to be effective from March 1, 2025."

Document background
This Non-Exclusive Distribution Agreement is designed for use in commercial relationships where a supplier wishes to authorize a distributor to sell their products while maintaining flexibility in their distribution strategy. The document is specifically structured to comply with Austrian law and EU regulations, making it suitable for both domestic and cross-border distribution arrangements. It includes comprehensive provisions covering product ordering, delivery terms, pricing mechanisms, intellectual property protection, and quality control requirements. The non-exclusive nature allows the supplier to maintain multiple distribution channels, including direct sales and other distributors, which is particularly valuable in competitive markets or when testing new territories. The agreement incorporates necessary safeguards and compliance measures while remaining adaptable to various business models and industry requirements.
Suggested Sections

1. Parties: Identification and details of the supplier and distributor

2. Background: Context of the agreement and brief description of the parties' business relationship

3. Definitions and Interpretation: Definitions of key terms and interpretation rules

4. Appointment and Territory: Scope of distributor appointment and defined territory

5. Non-Exclusivity: Explicit confirmation of non-exclusive nature and supplier's rights

6. Term and Termination: Duration, renewal, and termination provisions

7. Distributor Obligations: Core responsibilities and commitments of the distributor

8. Supplier Obligations: Core responsibilities and commitments of the supplier

9. Ordering and Delivery: Process for ordering, delivery, and acceptance of products

10. Prices and Payment: Pricing structure, payment terms, and related conditions

11. Intellectual Property Rights: Usage rights and restrictions regarding trademarks and other IP

12. Confidentiality: Protection of confidential information

13. Data Protection: GDPR compliance and data handling requirements

14. Warranties and Indemnities: Product warranties and mutual indemnification provisions

15. Limitation of Liability: Scope and limits of parties' liability

16. Force Majeure: Provisions for unforeseen circumstances and their handling

17. General Provisions: Standard boilerplate clauses including notices, amendments, etc.

18. Governing Law and Jurisdiction: Application of Austrian law and jurisdiction provisions

Optional Sections

1. Minimum Purchase Requirements: Used when specific purchase targets or quotas are required

2. Marketing and Promotion: Include when specific marketing obligations or cooperative advertising are needed

3. Training Requirements: Required when product complexity necessitates formal training programs

4. After-Sales Service: Include when distributor must provide maintenance or repair services

5. Reporting Requirements: Used for complex distribution relationships requiring detailed performance reporting

6. Non-Compete Obligations: Include when restricting distributor from handling competing products

7. Stock Requirements: Used when minimum inventory levels must be maintained

8. Exit Management: Include for complex relationships requiring detailed termination procedures

9. Insurance Requirements: Used when specific insurance coverage is mandatory

10. Compliance with Trade Controls: Include for international distribution arrangements

Suggested Schedules

1. Schedule 1 - Products: Detailed list and specifications of products covered by the agreement

2. Schedule 2 - Territory: Detailed description or map of the distribution territory

3. Schedule 3 - Prices and Payment Terms: Detailed pricing structure, discounts, and payment conditions

4. Schedule 4 - Performance Targets: Specific sales targets or KPIs if applicable

5. Schedule 5 - Technical Requirements: Technical specifications and standards for product handling

6. Schedule 6 - Trademark Usage Guidelines: Rules and guidelines for using supplier's trademarks

7. Appendix A - Order Processing Procedures: Detailed procedures for ordering and delivery

8. Appendix B - Returns Policy: Procedures for handling product returns and complaints

9. Appendix C - Warranty Terms: Detailed warranty terms and claim procedures

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Clauses
Relevant Industries

Manufacturing

Consumer Goods

Electronics

Automotive

Industrial Equipment

Medical Devices

Food and Beverage

Pharmaceuticals

Software and Technology

Telecommunications

Chemical Products

Fashion and Apparel

Construction Materials

Agricultural Products

Machinery and Tools

Relevant Teams

Legal

Commercial

Sales

Business Development

Supply Chain

Operations

Procurement

Compliance

International Trade

Distribution

Channel Management

Relevant Roles

Commercial Director

Sales Director

Business Development Manager

Legal Counsel

Contract Manager

Supply Chain Manager

Distribution Manager

Operations Director

Chief Commercial Officer

Procurement Manager

Export Manager

Territory Manager

Channel Sales Manager

General Counsel

Compliance Officer

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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