Specialist Distribution Lawyers
If you are thinking of working with a supplier of goods or a distributor to sell your goods, you will need a properly drafted distribution agreement.
A distribution agreement or supply agreement is legally binding contract that outlines the terms and condition under which a supplier (who manufacturers or re-sells goods) grants permission for a distributor to sell the goods onto customers (wholesalers or end users). This agreement will incorporate various nitty gritty terms and conditions of supply, to ensure that you are protected from any issues that might arise along the way.
Our team of experienced distribution lawyers bring a wealth of expertise in the retail industry, so you can feel confident that your business protected through the distribution and supply process.
Distribution Law for Retailers
Distribution law can be complex, which is why Gladwin Legal should be your first point of call.
While an informal arrangement may seem easier, in the long run it can often lead to misunderstandings especially where exclusivity and minimum sales may be involved. A written distribution agreement or distribution contract is particularly important in an arrangement such as this, where they may be lots of moving parts involved and plenty of room for error.
As a full-service, award-winning retail law firm, Gladwin Legal handle a wide range supply chain matters. Our legal services include Manufacturing and Supply Agreements, Confidentiality Agreements and Shareholder’s Agreements.
For specialist distribution law advice, speak to our commercial contract lawyers at Gladwin Legal today.
Expertly Drafted Distribution Agreements
Common issues we consider in a distribution agreement include:
- sign-on fee;
- the territory or scope of the arrangement (taking into consideration competition laws and any existing non-compete obligations);
- payment terms;
- any reporting obligations;
any minimum performance thresholds:
- whether the contract will be extended and at what cost;
- intellectual property licences including trademarks;
- whether the distributor will be required to advertise the goods; and
- when and how the agreement may be terminated (and the consequences).
The Gladwin Legal team can assist with:
- drafting and reviewing a distribution agreement;
- amending an existing distribution agreement;
- resolving disputes;
- drafting tailored clauses;
- consumer law advice; and
- assistance with all other commercial and consumer law matters.
Quick, Compliant and Cost-Effective Commercial Distribution Agreements
Our distribution lawyers draft flexible, compliant and cost-effective distribution agreements for retailers.
For a free consultation and peace of mind about your distribution agreements, get in touch with our expert commercial contract lawyers at Gladwin Legal. We’re here to help.
Frequently Asked Questions
We understand that transparency and clarity in costs and legal fees is important to every business. For this reason, we offer fixed fees where possible, including for reviewing or drafting your retail agreements, such as your sales and POS terms and conditions or returns policies.
As regulatory compliance is a broad practice area, the cost of our services can vary depending on the scope of your matter. For advisory matters, we suggest getting in touch with us and we can provide an estimate of costs.
We can assist in the very early stages of establishing your business to draft compliant legal documents from the get-go, or you can engage us any time to review your existing practices.
We generally recommend annual reviews as the Australian Consumer Law is often changing.
The short answer is, most likely yes. If your store staff have made a representation to a customer that a product can do something or is suitable for their particular needs, then it is likely the case that you will be liable if the product does not meet those needs, under the Australian Consumer Law. There have been a number of cases where retailers have been hit with ACCC penalties for this kind of conduct so it is important to train your staff in compliance.
We offer compliance training and can draft easy-to-understand staff guidelines. If you are interested, contact us for a fixed fee quote.