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Sub Distribution Agreement
"I need a Sub Distribution Agreement for appointing an exclusive sub-distributor in East Malaysia for our medical devices, with specific requirements for cold chain storage and minimum quarterly purchase commitments of RM 500,000."
1. Parties: Identification of the main distributor and sub-distributor, including registration details and addresses
2. Background: Context of the agreement, including reference to the main distribution agreement and authority to appoint sub-distributors
3. Definitions: Key terms used throughout the agreement, including Territory, Products, Intellectual Property Rights, etc.
4. Appointment and Territory: Scope of sub-distributor appointment, territorial limitations, and exclusivity/non-exclusivity provisions
5. Term: Duration of the agreement, including commencement date and renewal provisions
6. Sub-Distributor Obligations: Core responsibilities including sales targets, marketing, storage, handling, reporting requirements
7. Main Distributor Obligations: Support, training, product supply, and other obligations of the main distributor
8. Product Orders and Delivery: Ordering process, delivery terms, acceptance procedures
9. Prices and Payment: Pricing structure, payment terms, currency, and invoicing requirements
10. Intellectual Property Rights: Usage rights for trademarks, branding guidelines, and IP protection measures
11. Confidentiality: Protection of confidential information and trade secrets
12. Compliance: Regulatory compliance, permits, licenses, and adherence to laws
13. Termination: Termination grounds, notice periods, and consequences of termination
14. General Provisions: Standard boilerplate clauses including notices, amendments, governing law
1. Performance Guarantees: Used when specific performance bonds or bank guarantees are required
2. Marketing and Promotion: Detailed section when specific marketing obligations and standards are crucial
3. Product Training: Include when products require specialized knowledge or technical training
4. Insurance: Detailed insurance requirements when dealing with high-value or sensitive products
5. Data Protection: Required when personal data processing is involved in the distribution activities
6. Import/Export: Include for international aspects of distribution
7. Anti-Corruption: Detailed provisions when dealing with government contacts or high-risk territories
8. Non-Competition: Optional restrictions on competing activities during and after the agreement
9. Minimum Purchase Requirements: Include when specific volume commitments are required
1. Products: List of products covered by the sub-distribution agreement
2. Territory: Detailed description of geographical areas and any exclusions
3. Price List: Current prices and discount structures
4. Performance Targets: Specific sales targets and KPIs
5. Technical Requirements: Product storage, handling, and maintenance requirements
6. Service Level Requirements: Minimum service standards and response times
7. Marketing Guidelines: Branding and marketing requirements
8. Reporting Templates: Standard forms for regular reporting
9. Main Distribution Agreement Extract: Relevant provisions from the main distribution agreement that affect the sub-distributor
Authors
Consumer Goods
Electronics
Automotive
Pharmaceuticals
Food and Beverage
Industrial Equipment
Technology
Healthcare
Construction Materials
Telecommunications
Fashion and Apparel
Agricultural Products
Legal
Commercial
Sales
Operations
Supply Chain
Compliance
Business Development
Distribution
Finance
Risk Management
Commercial Director
Sales Manager
Distribution Manager
Legal Counsel
Business Development Manager
Operations Manager
Supply Chain Manager
Compliance Officer
Contract Manager
Regional Sales Director
Channel Manager
Chief Commercial Officer
General Manager
Procurement Manager
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