Dealer Sales Agreement Template for Australia

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Key Requirements PROMPT example:

Dealer Sales Agreement

"I need a Dealer Sales Agreement for my automotive parts manufacturing business to appoint an exclusive dealer in Western Australia, with specific performance targets and mandatory quarterly training requirements, to commence from March 2025."

Document background
The Dealer Sales Agreement is a critical commercial document used to establish and govern the relationship between suppliers and their authorized dealers in Australia. This agreement is essential when a supplier wishes to distribute products through independent dealers while maintaining control over brand representation and sales processes. The document comprehensively addresses all aspects of the dealer-supplier relationship, including appointment terms, territorial rights, performance expectations, ordering procedures, and compliance with Australian federal and state regulations. It's particularly important in ensuring compliance with the Competition and Consumer Act 2010 and relevant state-based fair trading legislation. The agreement provides necessary protections for both parties while establishing clear operational frameworks and performance expectations.
Suggested Sections

1. Parties: Identifies and provides full legal details of the supplier and dealer

2. Background: Sets out the context of the agreement, including the supplier's business, dealer's business, and intention to enter into a dealer relationship

3. Definitions: Defines key terms used throughout the agreement

4. Appointment and Territory: Establishes the dealer's appointment, territory rights, and any exclusivity provisions

5. Term and Renewal: Specifies the initial term, renewal conditions, and process for extension

6. Dealer Obligations: Details the core responsibilities and requirements of the dealer

7. Supplier Obligations: Outlines the supplier's commitments and support to the dealer

8. Product Orders and Delivery: Specifies the ordering process, delivery terms, and related procedures

9. Prices and Payment Terms: Details the pricing structure, payment conditions, and invoicing procedures

10. Intellectual Property: Covers the use of trademarks, logos, and other IP rights

11. Confidentiality: Establishes confidentiality obligations for both parties

12. Performance Standards: Sets out minimum performance requirements and metrics

13. Reporting Requirements: Specifies regular reporting obligations and documentation requirements

14. Termination: Details grounds for termination and the termination process

15. Post-Termination Obligations: Outlines obligations and restrictions following agreement termination

16. General Provisions: Standard boilerplate clauses including notices, governing law, and dispute resolution

Optional Sections

1. Training Requirements: Used when specific training programs are mandatory for dealer staff

2. Marketing and Promotion: Include when there are specific marketing requirements or cooperative advertising programs

3. Warranty Handling: Required when dealers are responsible for warranty service and claims

4. Insurance Requirements: Include when specific insurance coverage is mandatory

5. Stock Requirements: Used when minimum stock levels must be maintained

6. After-Sales Service: Include when specific after-sales service obligations exist

7. Non-Compete Provisions: Used when restricting dealer's ability to sell competing products

8. Data Protection: Include when significant customer data handling is involved

9. Sub-Dealers: Required when sub-dealer appointments are permitted

10. Online Sales: Include when e-commerce activities are part of the dealership

Suggested Schedules

1. Schedule 1 - Products: Detailed list of authorized products and specifications

2. Schedule 2 - Territory Definition: Detailed description of geographical territory and any exclusions

3. Schedule 3 - Pricing Structure: Price lists, discount structures, and margin calculations

4. Schedule 4 - Performance Targets: Specific sales targets and performance metrics

5. Schedule 5 - Operating Procedures: Detailed operational requirements and procedures

6. Schedule 6 - Trademark Usage Guidelines: Specific rules for using supplier's trademarks and branding

7. Schedule 7 - Reporting Templates: Standard forms for required periodic reporting

8. Appendix A - Service Level Requirements: Detailed service standards and response times

9. Appendix B - Training Requirements: Specific training programs and certification requirements

10. Appendix C - Marketing Guidelines: Detailed marketing and promotional requirements

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 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

Automotive

Manufacturing

Industrial Equipment

Consumer Electronics

Agricultural Equipment

Construction Equipment

Medical Devices

Telecommunications Equipment

Recreational Vehicles

Marine Equipment

Home Appliances

Sporting Goods

Industrial Machinery

Office Equipment

Relevant Teams

Legal

Commercial

Sales

Operations

Supply Chain

Compliance

Business Development

Contract Management

Dealer Relations

Finance

Risk Management

Procurement

Relevant Roles

Chief Executive Officer

Commercial Director

Sales Director

Business Development Manager

Channel Manager

Legal Counsel

Compliance Officer

Operations Manager

Supply Chain Manager

Contract Manager

Dealer Development Manager

Regional Sales Manager

Territory Manager

Account Manager

Procurement 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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