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Distribution and agency agreements: What to look out for? How to make sure that you will get a winning deal

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Crefovi's presentation at Tranoi NYC in February 2015. Check it out here!

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Distribution and agency agreements: What to look out for? How to make sure that you will get a winning deal

  1. 1. 20 September 2015 Tranoi NYC Distribution and agency agreements: What to look out for? How to make sure that you will get a winning deal
  2. 2. 2 Agent v distributor: what’s the difference? Tranoi NYC Agent Distributor Provide service to supplier, either introductions to customers or conclusion of contracts on supplier’s behalf Resells goods bought from a supplier Contract of sale of products: supplier + customer Contracts of sale of products: distributor + customer Distributor + supplier Risk of bad debts: borne by supplier Risk of bad debts: borne by distributor Commission-based remuneration Profit-based remuneration
  3. 3. 3 Getting the agreement right Tranoi NYC
  4. 4. 4 Getting the agency agreement right Tranoi NYC • Parties • Definitions • Duration of the agreement • Responsibilities of the agent/distributor • Responsibilities of the supplier • Supply of products/services • Commission • IP rights (patents, trademarks, copyright) • Supplier’s right to terminate • Consequences of termination
  5. 5. 5 Getting the distribution agreement right Tranoi NYC • Parties • Definitions • Scope of appointment • Duration of the agreement • Terms of sale of products from supplier to distributor • Obligations of distributor • Advertising • IP rights (patents, trademarks, copyright) • Technical support and confidentiality • Supplier’s right to terminate • Consequences of termination
  6. 6. 6 Ialci @ Tranoi NYC Distribution and agency agreements: What to look out for? How to make sure that you will get a winning deal? Annabelle Gauberti Crefovi founding partner – President of ialci annabelle.gauberti@crefovi.com @Crefovi on Twitter Tranoi NYC

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