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Resale Price Maintenance Agreement Template for Germany

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Key Requirements PROMPT example:

Resale Price Maintenance Agreement

"I need a Resale Price Maintenance Agreement under German law for my luxury cosmetics brand, establishing recommended price guidelines for our network of high-end retailers across Germany, with specific provisions for seasonal promotions starting January 2025."

Document background
A Resale Price Maintenance Agreement is utilized when a manufacturer or supplier wishes to establish a structured framework for communicating recommended resale prices to their distributors or retailers in the German market. This document type is particularly crucial in sectors where brand value, product positioning, and pricing consistency are important factors. The agreement must carefully comply with German competition law (GWB) and EU regulations, as resale price maintenance is generally prohibited with very limited exceptions. The document includes specific provisions on the non-binding nature of price recommendations, compliance procedures, and safeguards against illegal vertical price fixing. It's essential for businesses operating in Germany who want to maintain pricing consistency while respecting competition law boundaries.
Suggested Sections

1. Parties: Identification of the supplier/manufacturer and the reseller, including full legal names and addresses

2. Background: Context of the agreement, business relationship, and acknowledgment of competition law compliance requirements

3. Definitions: Key terms including 'Recommended Resale Price', 'Products', 'Territory', and other relevant definitions

4. Appointment and Scope: Designation of reseller rights and territory coverage

5. Pricing Mechanism: Structure for recommended resale prices and clear statement on their non-binding nature

6. Reseller Obligations: Core obligations including quality standards, marketing requirements, and service levels

7. Supplier Obligations: Supplier's commitments regarding product supply, support, and information provision

8. Competition Law Compliance: Explicit provisions ensuring compliance with EU and German competition laws

9. Term and Termination: Duration of agreement and circumstances for termination

10. Confidentiality: Protection of confidential information exchanged between parties

11. Governing Law and Jurisdiction: Specification of German law application and jurisdiction for disputes

Optional Sections

1. Marketing and Promotion: Detailed provisions on marketing activities and cost-sharing, used when parties have specific marketing arrangements

2. Quality Control: Specific quality standards and monitoring procedures, included for luxury or technical products

3. Internet Sales: Specific provisions for online sales channels, included when e-commerce is relevant

4. Training Requirements: Staff training obligations, included for technical or specialized products

5. Intellectual Property: IP licensing terms, included when brand usage or patents are involved

6. Data Protection: GDPR compliance provisions, included when personal data processing is involved

7. Insurance: Insurance requirements, included for high-value or high-risk products

Suggested Schedules

1. Schedule 1 - Products: List of products covered by the agreement with specifications

2. Schedule 2 - Recommended Price List: Current recommended resale prices (clearly marked as non-binding)

3. Schedule 3 - Territory: Detailed description of geographical territory covered

4. Schedule 4 - Compliance Guidelines: Detailed competition law compliance procedures and guidelines

5. Schedule 5 - Service Level Requirements: Detailed service standards and performance metrics

6. Schedule 6 - Reporting Templates: Standard forms for required reporting and communications

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions

























Clauses






























Relevant Industries

Luxury Goods

Consumer Electronics

Automotive

Fashion and Apparel

Pharmaceuticals

Cosmetics

Sporting Goods

Premium Food and Beverages

High-end Home Appliances

Designer Furniture

Professional Equipment

Branded Consumer Goods

Relevant Teams

Legal

Sales

Commercial

Compliance

Regulatory Affairs

Business Development

Distribution

Retail Operations

Marketing

Pricing

Channel Management

Relevant Roles

Legal Counsel

Commercial Director

Sales Director

Compliance Officer

Business Development Manager

Channel Manager

Retail Operations Manager

Distribution Manager

Price Manager

Commercial Contracts Manager

Head of Sales

Chief Commercial Officer

Regulatory Affairs Manager

Marketing Director

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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