Distributor's functions Clause Samples
The "Distributor's Functions" clause defines the specific roles and responsibilities assigned to the distributor within a contractual relationship. Typically, this clause outlines duties such as marketing, selling, storing, and delivering products, as well as managing customer relationships and providing after-sales support. By clearly delineating these functions, the clause ensures both parties understand the distributor's obligations, thereby reducing the risk of misunderstandings and helping to allocate operational responsibilities effectively.
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Distributor's functions. 4.1. The Distributor sells in it's own name (or its assignee at the Distributor's discretion) and for its own account, in the Territory, the Products supplied by the Supplier.
4.2. The Distributor agrees to use its best efforts to promote the sale of the Products in the Territory in accordance with the Supplier's policy and shall protect the Supplier's interests with the diligence of a responsible and reasonable businessman.
4.3. The Distributor is not entitled to act in the name or on behalf of the Supplier, unless previously and specifically authorized to do so by the latter.
4.4. The Distributor may, in cases in which it does not want to buy and resell, refer such business to the Supplier for a direct sale to the customer. For such activity as intermediary the Distributor will receive a commission as set out in Annex II, 1. (if completed) or otherwise to be agreed upon case by case, to be calculated and paid according to Annex II, 3. It is expressly agreed that such activity as intermediary, to the extent it remains of an accessory character, does not modify the legal status of the Distributor as a trader acting in its own name and for its own account.
Distributor's functions. 01Activities of Distributor The Distributor sells in its own name and for its own account, in the Territory, the Product purchased from and supplied by the Supplier. The Parties shall separately agree on generally acceptable delivery and payment terms in order to allow the Distributor to effectively promote and sell the Product. The Distributor agrees to use its best efforts to promote the sale of the Product in the Territory and shall protect the Supplier's interests with the diligence of a responsible businessman.
Distributor's functions. 2.1. The Distributor sells in its own name and for its own account, the Productssupplied by the Supplier.
2.2. The Distributor agrees to use commercially reasonable efforts to promote the saleof the Products in the Territory.
2.3. The Distributor is not entitled to act in the name or on behalf of the Supplier,unless previously and specifically authorized to do so by the Supplier.
2.4. The Distributor may not alter the Products without the Supplier's prior writtenconsent. The instructions for use provided by the Supplier to the Distributor shall be included in all Product packaging. Notwithstanding the foregoing, the Distributor shall review the instructions for use to ensure that they comply with all laws and regulations which are applicable in the Territory and amend them to the extent necessary to comply with said laws and regulations. In addition, the Distributor may not alter the packaging (other than packaging of Products purchased in bulk) or any inserts (other than the instructions for use, which were addressed above) of any Branded Products without the Supplier's prior written consent, which Supplier may not unreasonably withhold. Any amendments or alterations made pursuant to this Section 2.4 shall be done at the Distributor's sole cost, expense and risk.
Distributor's functions. 3.1. The Distributor sells in its own name and for its own account, the Products supplied by the Supplier.
3.2. The Distributor agrees to use its best efforts to promote the sale of the Products in the Territory in accordance with the Supplier's policy and shall protect the Supplier's interests with the diligence of a responsible businessman.
3.3. The Distributor is not entitled to act in the name or on behalf of the Supplier, unless previously and specifically authorized to do so by the latter.
1 Parties may wish to include certain introductory paragraphs describing the history of their relationship, for example to state that the contract continues a prior relationship.
3.4. The Distributor may, in cases in which it does not want to buy and resell, refer such business to the Supplier for a direct sale to the customer. For such activity as intermediary the Distributor will receive a commission as set out in Annex II, § 1. (if completed) or otherwise to be agreed upon case by case, to be calculated and paid according to Annex II, § 3. It is expressly agreed that such activity as intermediary, to the extent it remains of an accessory character, does not modify the legal status of the Distributor as a trader acting in its own name and for its own account.