Enter Into Distribution Agreement
The relationship between a supplier and a distributor depends mainly on the contract concluded between the parties. The Indian Contract Act, 1872 (Contract Act) governs the fundamental principles of the treaty. There is no government authority that regulates all relations between the foreign supplier and the Indian distributor. However, some government agencies have regulatory roles based on specific legal issues for which the government authority has a legal mandate to enforce a given law. For example, in the context of a contract, competition law issues are imposed by the Competition Commission of India (ICC), which ensures that a contractual agreement between the parties does not result in significant adverse effects on competition in the relevant Indian market, does not create barriers for new entrants or excludes competition, etc. Under the Contracts Act, there is no legal obstacle in the event that a supplier wishes to approve or refuse the persons who direct the concessionaire`s business if the supplier is granted such a right in the contract. In addition, if it is provided for in the contract, the supplier has the right to terminate the contract because he is not satisfied with the management of the traders, and this can be applied. Caution should be exercised in the event of refusal by the distributor`s management, since in such a case the same distributor may invoke unlawful termination and involve the supplier. Therefore, the agreement should provide for an objective criterion for the conclusion of dissatisfaction or non-compliance, in order to avoid misinterpretation in the event of a dispute.
The distribution contract must be carefully drawn up in order to provide for the right to accept or refuse the management of the distributor. e. The performance of this Distribution Agreement by the Company and the performance of its obligations and obligations under this Agreement are not contrary to and will not violate any agreement in which it participates or in which it is otherwise bound, and foreign suppliers generally designate a distributor for the whole of India or for a defined territory by entering into a detailed distribution agreement. Sometimes the foreign supplier creates its own unit to act as the importer and master distributor in India, and the master distributor also appoints distributors for different territories in India. The suitability of the distributor model depends on the control that the foreign supplier wishes to have over the distribution and distribution activities in India. Competition issues are important considerations in the decision on the structure of distribution, such as.B. the fixing of resale price, exclusivity, territorial and other restrictions. The profit provision clause is used to compensate the merchant who spends a lot of money advertising in an area only to sell a neighboring merchant in that area at a lower price. The clause states that if you sell as a merchant outside your territory, you must pay a certain amount to the merchant in whose territory you are selling. The idea is to compensate the merchant for the promotion and promotion fees and expenses he has spent. Termination of the contract by either party, with or without cause, does not legally bind a party to pay compensation or indemnity to the other party.
Compensation or indemnity shall be paid by the party who terminates the contract only if the contract has been terminated unlawfully or in breach of the conditions set out in the contract. . . .