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Dealer Distributor Agreement

Dealer Distributor Agreement Template for New Zealand

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Key Requirements PROMPT example:

Dealer Distributor Agreement

"I need a Dealer Distributor Agreement for my New Zealand-based agricultural equipment company to appoint an exclusive distributor for the South Island, with specific performance targets and seasonal stock requirements to be included for the 2025 farming season."

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Document background
This Dealer Distributor Agreement is designed for use in the New Zealand market where a supplier or manufacturer wishes to appoint a dealer or distributor to sell and distribute their products. The agreement is particularly crucial in establishing clear commercial relationships while ensuring compliance with New Zealand's regulatory framework, including the Commerce Act 1986 and Fair Trading Act 1986. It provides comprehensive coverage of essential business terms including territory rights, performance expectations, pricing structures, and intellectual property protection. The document is suitable for both domestic and international companies operating in New Zealand, and can be adapted for various industries from consumer goods to industrial equipment. This agreement type is especially relevant given New Zealand's position as a key trading nation in the Asia-Pacific region and its strong focus on international trade relationships.
Suggested Sections

1. Parties: Identifies and provides full legal details of all parties to the agreement

2. Background: Sets out the context and commercial intent of the agreement

3. Definitions: Defines key terms used throughout the agreement

4. Appointment and Territory: Establishes the dealer/distributor's appointment and defines their territorial rights

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

6. Rights and Obligations of Distributor: Details the distributor's core responsibilities and rights

7. Rights and Obligations of Supplier: Details the supplier's core responsibilities and rights

8. Orders and Supply: Outlines the process for ordering, delivering, and accepting products

9. Prices and Payment: Specifies pricing structures, payment terms, and related financial obligations

10. Marketing and Promotion: Sets out requirements for marketing and promoting the products

11. Intellectual Property: Addresses the use of trademarks, patents, and other IP rights

12. Confidentiality: Protects confidential information exchanged between parties

13. Performance Targets: Establishes minimum performance requirements and metrics

14. Warranties and Indemnities: Details warranties provided and indemnification obligations

15. Termination: Specifies grounds and procedures for terminating the agreement

16. Post-Termination: Outlines obligations and rights after termination

17. General Provisions: Contains standard boilerplate clauses including governing law, notices, and assignment

Optional Sections

1. Non-Competition: Restricts distributor from dealing in competing products - include when exclusivity is required

2. Insurance: Specifies required insurance coverage - include for high-value or high-risk products

3. Training and Support: Details training and support provisions - include for technical or complex products

4. Data Protection: Addresses handling of personal data - include when customer data is shared

5. Import/Export: Covers international trade requirements - include for cross-border distribution

6. Sub-distributors: Regulates appointment of sub-distributors - include when sub-distribution is permitted

7. Force Majeure: Addresses unforeseeable circumstances - include for long-term or high-value agreements

8. Anti-Corruption: Contains anti-bribery provisions - include for international distribution

9. Environmental Compliance: Sets environmental standards - include for products with environmental impact

Suggested Schedules

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

2. Territory: Detailed description or map of the authorized territory

3. Prices and Discount Structure: Detailed pricing information and discount schemes

4. Performance Targets: Specific sales targets and performance metrics

5. Technical Specifications: Product specifications and technical requirements

6. Service Level Requirements: Detailed service standards and response times

7. Marketing Guidelines: Specific requirements for marketing and brand usage

8. Reporting Templates: Standard forms for required reporting

9. Training Requirements: Detailed training programs and 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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Associated Person
Business Day
Commencement Date
Confidential Information
Customer
Dealer
Distributor
Effective Date
Force Majeure Event
GST
Initial Term
Intellectual Property Rights
License
Manufacturer
Minimum Performance Requirements
Net Sales
Order
Products
Purchase Price
Quarter
Renewal Term
Representatives
Resale Price
Sales Report
Schedules
Specifications
Subsidiary
Supplier
Supply Terms
Term
Territory
Trade Marks
Training Materials
Warranty Period
Working Hours
Clauses
Interpretation
Appointment
Territory Rights
Term and Renewal
Supply Obligations
Ordering Process
Pricing
Payment Terms
Delivery
Performance Requirements
Marketing and Promotion
Training
Customer Support
Intellectual Property
Confidentiality
Data Protection
Non-Competition
Exclusivity
Warranties
Indemnification
Insurance
Compliance
Record Keeping
Audit Rights
Force Majeure
Termination
Post-Termination
Assignment
Dispute Resolution
Governing Law
Notices
Entire Agreement
Severability
Variation
GST and Taxation
Anti-Corruption
Sub-Contracting
Product Returns
Quality Control
Stock Requirements
Reporting Obligations
Relevant Industries

Technology and Electronics

Automotive

Consumer Goods

Agricultural Equipment

Industrial Machinery

Pharmaceuticals

Food and Beverage

Construction Equipment

Medical Devices

Sporting Goods

Home Appliances

Software and Digital Products

Relevant Teams

Legal

Sales

Commercial

Operations

Supply Chain

Procurement

Business Development

Compliance

Distribution

Contract Management

Relevant Roles

Chief Executive Officer

Commercial Director

Sales Director

Distribution Manager

Channel Manager

Business Development Manager

Legal Counsel

Procurement Manager

Operations Director

Contract Manager

Supply Chain Manager

Regional Sales Manager

Territory Manager

Compliance Officer

Industries
Commerce Act 1986: Regulates anti-competitive behavior and restrictive trade practices. Essential for determining permissible territorial restrictions, exclusive dealing arrangements, and pricing practices in distribution agreements.
Fair Trading Act 1986: Prohibits misleading and deceptive conduct in trade. Relevant for marketing, advertising, and representations made between parties in the distribution agreement.
Contract and Commercial Law Act 2017: Provides the fundamental framework for contract formation, enforcement, and remedies in New Zealand. Governs the basic contractual relationship between dealer and distributor.
Consumer Guarantees Act 1993: Although primarily focused on consumer protection, it's relevant as it affects the ultimate sale to end-users and warranty obligations that may flow through the distribution chain.
Personal Property Securities Act 1999: Important for securing interests in inventory and managing credit arrangements between parties in the distribution chain.
Companies Act 1993: Relevant for understanding the legal status and obligations of the contracting parties if they are companies registered in New Zealand.
Disputes Tribunal Act 1988: Provides a framework for resolving smaller disputes between parties, which may be relevant for dispute resolution clauses.
Privacy Act 2020: Governs the collection, use, and disclosure of personal information, which may be relevant if customer data is shared between dealer and distributor.
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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