An Exclusive Dealing Contract is a crucial commercial agreement used when a supplier wishes to establish a dedicated distribution channel through a single dealer in a specific territory under Belgian jurisdiction. This document is particularly relevant for businesses seeking to create strong, exclusive commercial relationships while ensuring compliance with both Belgian national law and EU competition regulations. The agreement typically includes comprehensive terms covering exclusivity rights, territorial restrictions, performance obligations, and compliance requirements. It's especially important in sectors where product specificity, brand protection, or market development requires dedicated distribution channels. The contract must carefully balance commercial interests with competition law requirements, particularly Article 101 TFEU and the Belgian Competition Act, while incorporating necessary safeguards for both parties.
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1. Parties: Identification of the supplier and distributor/dealer, including full legal names, registration numbers, and registered addresses
2. Background: Context of the agreement, relationship between parties, and general commercial intent
3. Definitions: Definitions of key terms used throughout the agreement, including Territory, Products, Exclusivity Period
4. Appointment and Scope: Terms of exclusive appointment, territory definition, and scope of exclusivity
5. Duration and Termination: Contract term, renewal provisions, and termination rights
6. Supply Obligations: Supplier's obligations regarding product supply, delivery terms, and minimum supply guarantees
7. Purchase Obligations: Dealer's purchase commitments, minimum purchase requirements, and forecasting obligations
8. Pricing and Payment: Product pricing mechanism, payment terms, and price adjustment provisions
9. Territory and Exclusivity: Detailed territory definition and extent of exclusivity rights and restrictions
10. Non-Compete Obligations: Competitive restrictions during and after the agreement term
11. Performance Standards: Required performance levels, KPIs, and quality standards
12. Intellectual Property: IP rights, usage permissions, and restrictions
13. Confidentiality: Protection of confidential information and trade secrets
14. Governing Law and Jurisdiction: Belgian law as governing law and jurisdiction for disputes
15. General Provisions: Standard boilerplate clauses including force majeure, notices, and entire agreement
1. Marketing and Promotion: Include when dealer has specific marketing obligations or restrictions
2. Training Requirements: Include when product complexity requires specific training obligations
3. After-Sales Service: Include when dealer must provide maintenance or repair services
4. Insurance Requirements: Include when specific insurance coverage is required due to product nature
5. Data Protection: Include when personal data processing is involved in the business relationship
6. Import/Export Compliance: Include for cross-border transactions within or outside EU
7. Anti-Corruption Compliance: Include when dealing with public sector or high-risk territories
8. Environmental Compliance: Include when products have environmental implications or requirements
1. Schedule 1 - Products: Detailed list of products covered by the agreement, including specifications and prices
2. Schedule 2 - Territory: Detailed mapping and description of the exclusive territory
3. Schedule 3 - Minimum Purchase Requirements: Specific quantities or values of required purchases per period
4. Schedule 4 - Performance Metrics: Detailed KPIs and measurement methodologies
5. Schedule 5 - Approved Customer List: If applicable, list of customers dealer is authorized to sell to
6. Schedule 6 - Technical Requirements: Technical specifications and standards for product handling
7. Appendix A - Standard Operating Procedures: Detailed procedures for ordering, delivery, and returns
8. Appendix B - Compliance Requirements: Specific compliance requirements under Belgian and EU law
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