Exclusive Dealer Agreement Template for Australia

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Key Requirements PROMPT example:

Exclusive Dealer Agreement

"I need an Exclusive Dealer Agreement for my medical equipment manufacturing company to appoint a dealer in Western Australia, with a 3-year initial term starting January 2025 and minimum annual purchase requirements of $500,000."

Document background
The Exclusive Dealer Agreement is a critical commercial contract used when a supplier wishes to establish a dedicated distribution channel through an exclusive dealer in a specific territory within Australia. This agreement type must carefully navigate Australian competition law requirements, particularly regarding exclusive dealing provisions under the Competition and Consumer Act 2010. The document comprehensively covers the appointment terms, territorial rights, performance expectations, product supply conditions, and both parties' obligations. It's particularly important for businesses establishing or maintaining exclusive distribution networks, especially in sectors where product expertise, service quality, and brand reputation are crucial. The agreement typically includes detailed provisions for compliance with Australian legal requirements, protection of intellectual property, and specific operational procedures.
Suggested Sections

1. Parties: Identification of the supplier and dealer, including full legal names and details

2. Background: Context of the agreement, including supplier's business, dealer's qualifications, and intention to enter exclusive arrangement

3. Definitions and Interpretation: Key terms used throughout the agreement, including Products, Territory, Intellectual Property Rights, etc.

4. Appointment and Territory: Terms of exclusive appointment and precise definition of geographical territory

5. Term and Renewal: Initial term of the agreement and any renewal provisions

6. Dealer Obligations: Core responsibilities including sales targets, marketing, customer service, reporting requirements

7. Supplier Obligations: Supply commitments, support, training, and other supplier responsibilities

8. Product Orders and Delivery: Ordering process, minimum orders, delivery terms, acceptance procedures

9. Prices and Payment: Pricing structure, payment terms, currency, price changes

10. Intellectual Property: Usage rights for trademarks, logos, and other IP

11. Confidentiality: Protection of confidential information and trade secrets

12. Termination: Grounds for termination, notice requirements, consequences of termination

13. General Provisions: Standard legal provisions including governing law, notices, assignment

Optional Sections

1. Marketing and Promotion: Detailed marketing requirements and cost-sharing arrangements - include if specific marketing obligations exist

2. Performance Targets: Specific sales targets and consequences - include if performance metrics are crucial

3. Training Requirements: Detailed training obligations - include if product complexity requires specific training

4. Insurance: Specific insurance requirements - include if high-value products or significant risks exist

5. Non-Competition: Non-compete obligations - include if protecting market position is crucial

6. Warranty and Returns: Product warranty terms - include if product-specific warranty terms are needed

7. Data Protection: Data handling requirements - include if personal data processing is involved

8. Force Majeure: Protection against unforeseen events - include if supply chain disruption risks exist

Suggested Schedules

1. Products: Detailed list of products covered by the agreement

2. Territory Map: Visual representation and/or detailed description of the exclusive territory

3. Price List: Current prices and dealer discount structure

4. Performance Criteria: Detailed performance targets and measurement methods

5. Service Level Requirements: Specific service standards and response times

6. Trademark Usage Guidelines: Rules for using supplier's trademarks and branding

7. Required Insurance Coverage: Details of mandatory insurance types and levels

8. Reporting Templates: Standard forms for required periodic reporting

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

Industrial Equipment

Medical Devices

Technology Hardware

Agricultural Equipment

Construction Equipment

Marine Equipment

Telecommunications Equipment

Luxury Goods

Sporting Equipment

Professional Equipment

Home Appliances

Relevant Teams

Legal

Commercial

Sales

Business Development

Operations

Compliance

Channel Management

Partner Management

Contract Administration

Risk Management

Relevant Roles

Commercial Director

Sales Director

Business Development Manager

Channel Manager

Distribution Manager

Legal Counsel

Contracts Manager

Chief Commercial Officer

Regional Sales Manager

Operations Director

Compliance Officer

Territory Manager

Partner Manager

Chief Executive Officer

Managing Director

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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