Resale Price Maintenance Agreement Template for Australia

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Key Requirements PROMPT example:

Resale Price Maintenance Agreement

"I need a Resale Price Maintenance Agreement for my luxury cosmetics brand's distribution in Australia, establishing recommended retail prices for our premium product line and ensuring consistent pricing across authorized retailers nationwide."

Document background
The Resale Price Maintenance Agreement is a crucial document for businesses operating in Australia's wholesale and retail sectors where suppliers wish to maintain influence over the retail pricing of their products. Given that resale price maintenance is generally prohibited under Section 48 of the Competition and Consumer Act 2010 (Cth), this agreement must be carefully structured to either fall within permitted exceptions or obtain necessary ACCC authorization. The document is particularly relevant for premium brands, specialized products, and industries where consistent pricing is crucial for brand positioning. It typically includes detailed provisions on pricing mechanisms, compliance procedures, reporting requirements, and authorized territories, while ensuring alignment with Australian competition law requirements. The agreement should only be used after careful consideration of legal implications and, where necessary, obtaining appropriate regulatory approvals.
Suggested Sections

1. Parties: Identification of the supplier and reseller, including full legal names, ABNs, and registered addresses

2. Background: Context of the agreement, including business relationship and ACCC authorization details if applicable

3. Definitions: Key terms used throughout the agreement, including 'Recommended Price', 'Products', 'Territory', and other relevant definitions

4. Supply Terms: General terms under which the supplier will provide products to the reseller

5. Pricing Mechanism: Detailed explanation of the pricing structure, including how recommended prices are set and communicated

6. Reseller Obligations: Core obligations of the reseller regarding pricing, marketing, and product handling

7. Supplier Obligations: Core obligations of the supplier including product supply and pricing information

8. Compliance Requirements: Specific requirements to ensure compliance with Competition and Consumer Act and ACCC guidelines

9. Term and Termination: Duration of the agreement and circumstances under which it can be terminated

10. Confidentiality: Provisions protecting confidential information exchanged under the agreement

11. Dispute Resolution: Process for resolving disputes between parties

12. General Provisions: Standard boilerplate clauses including governing law, notices, and amendments

Optional Sections

1. Quality Standards: Used when specific product quality standards or presentation requirements need to be maintained

2. Marketing Requirements: Include when there are specific requirements for how products should be marketed or displayed

3. Territory Restrictions: Required when the reseller's activities are limited to specific geographic areas

4. Performance Criteria: Include when the agreement includes specific sales targets or performance metrics

5. Training Requirements: Used when the supplier requires reseller staff to undergo specific product training

6. Intellectual Property: Include when there are specific requirements for use of trademarks or other IP

7. Insurance Requirements: Used when specific insurance coverage is required from the reseller

8. Data Protection: Include when parties exchange customer data or other sensitive information

Suggested Schedules

1. Schedule 1 - Products: List of products covered by the agreement with specifications

2. Schedule 2 - Recommended Price List: Current recommended prices for all products

3. Schedule 3 - Territory Definition: Detailed description of authorized sales territory if applicable

4. Schedule 4 - Compliance Procedures: Detailed procedures for maintaining compliance with competition law

5. Schedule 5 - Service Level Requirements: Specific service levels and quality standards to be maintained

6. Appendix A - ACCC Authorization: Copy of ACCC authorization if applicable

7. Appendix B - Reporting Templates: Standard forms for required reporting under the agreement

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

Luxury Goods

Consumer Electronics

Automotive

Pharmaceuticals

Designer Fashion

Premium Cosmetics

High-end Furniture

Specialty Food and Beverage

Professional Equipment

Sports and Fitness Equipment

Relevant Teams

Legal

Commercial

Compliance

Sales

Business Development

Retail Operations

Distribution

Pricing

Contracts

Regulatory Affairs

Brand Management

Relevant Roles

Legal Counsel

Commercial Director

Compliance Officer

Sales Director

Business Development Manager

Retail Operations Manager

Distribution Manager

Pricing Analyst

Contract Manager

Chief Commercial Officer

Brand Manager

Channel Manager

General Counsel

Regulatory Affairs 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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