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Resale Price Maintenance Agreement

Resale Price Maintenance Agreement Template for India

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Key Requirements PROMPT example:

Resale Price Maintenance Agreement

"I need a Resale Price Maintenance Agreement for my luxury watch distribution business in India, with specific provisions for both offline and online retail channels, and strict controls on promotional pricing during festival seasons."

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Document background
This document is essential for businesses operating in India that wish to implement price maintenance strategies while ensuring compliance with competition laws. A Resale Price Maintenance Agreement becomes necessary when manufacturers or suppliers need to maintain consistent pricing across their distribution network to protect brand value, prevent price wars, or ensure quality of service. The agreement must be carefully structured to comply with the Competition Act, 2002, and other relevant Indian legislation. It typically includes detailed provisions about pricing mechanisms, territorial restrictions, compliance requirements, and reporting obligations. The document is particularly relevant in sectors where brand value and price consistency are crucial for market success, but must be drafted with careful consideration of potential anti-competitive effects.
Suggested Sections

1. Parties: Identification of the supplier/manufacturer and the reseller/distributor entering into the agreement

2. Background: Context of the agreement, business relationship, and purpose of establishing resale pricing terms

3. Definitions: Key terms used throughout the agreement including Products, Recommended Retail Price, Minimum Resale Price, Territory etc.

4. Appointment and Scope: Terms of appointment of the reseller and scope of their rights to sell the products

5. Pricing Mechanism: Detailed provisions on how resale prices are set, communicated, and maintained

6. Compliance Requirements: Obligations regarding competition law compliance and permitted pricing practices

7. Reseller Obligations: Core duties of the reseller including marketing, storage, sales reporting, and brand protection

8. Supplier Obligations: Responsibilities of the supplier including product supply, price notifications, and support

9. Term and Termination: Duration of the agreement and circumstances under which it can be terminated

10. Confidentiality: Protection of confidential information exchanged between parties

11. Governing Law and Jurisdiction: Specification of Indian law as governing law and jurisdiction for dispute resolution

12. Miscellaneous: Standard boilerplate provisions including notices, amendments, and severability

Optional Sections

1. Marketing and Promotion: Specific terms regarding marketing activities and promotional pricing, used when the supplier wants to maintain control over promotional activities

2. Quality Control: Standards for product handling and storage, included when dealing with sensitive or premium products

3. Online Sales Provisions: Specific terms for online retail channels, necessary when e-commerce is part of the distribution strategy

4. Territory Restrictions: Geographic limitations on sales activities, included when territorial exclusivity is granted

5. Training Requirements: Provisions for staff training on products and pricing, relevant for technical or specialized products

6. Audit Rights: Right to audit reseller's compliance with pricing terms, included for better enforcement

7. Force Majeure: Provisions for unforeseen circumstances affecting price maintenance, optional but recommended

8. Insurance Requirements: Specific insurance obligations, included when dealing with high-value products

Suggested Schedules

1. Product List: Comprehensive list of products covered under the agreement

2. Price List: Current wholesale prices and recommended/minimum resale prices for all products

3. Territorial Map: Detailed description or map of the authorized sales territory

4. Compliance Guidelines: Detailed guidelines for competition law compliance

5. Marketing Guidelines: Standards for product marketing and price display

6. Reporting Templates: Standard formats for sales and pricing reports

7. Service Level Requirements: Detailed service standards and metrics

8. Authorized Retail Locations: List of approved physical and online retail locations

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions






































Clauses




































Relevant Industries

Consumer Electronics

Luxury Goods

Automotive

Fashion and Apparel

Pharmaceuticals

Cosmetics and Beauty

Premium Food and Beverages

Sporting Goods

Home Appliances

Designer Furniture

Premium Watch and Jewelry

High-end Audio Equipment

Relevant Teams

Legal

Commercial

Sales

Compliance

Business Development

Distribution

Retail Operations

Marketing

Finance

Risk Management

Relevant Roles

Legal Counsel

Commercial Director

Sales Director

Compliance Officer

Business Development Manager

Channel Manager

Retail Operations Manager

Distribution Manager

Brand Manager

Pricing Analyst

Contract Manager

Competition Law Specialist

Chief Commercial Officer

Head of Sales

Regional Sales Manager

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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