The Dealer Agreement is a fundamental commercial contract used when a manufacturer or supplier wishes to appoint a dealer to sell their products in Switzerland or from Switzerland to other territories. This agreement type is particularly important in the Swiss context, where specific regulatory requirements must be considered, especially regarding competition law, territorial restrictions, and commercial relationships under the Swiss Code of Obligations. The Dealer Agreement establishes the framework for the business relationship, including crucial elements such as territory definition, pricing structures, performance requirements, and compliance obligations. It is distinct from agency agreements and needs to carefully balance the independent nature of the dealer relationship while maintaining appropriate controls over product distribution and brand representation.
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1. Parties: Identification of the manufacturer/supplier and dealer with full legal entity details
2. Background: Context of the agreement, business relationship overview, and general commercial intent
3. Definitions: Key terms used throughout the agreement, including Products, Territory, and Business Day definitions
4. Appointment and Scope: Terms of dealer appointment, territory definition, and nature of the relationship (non-exclusive/exclusive)
5. Dealer Obligations: Core responsibilities including sales targets, customer service standards, and reporting requirements
6. Supplier Obligations: Manufacturer's commitments regarding product supply, support, and training
7. Ordering and Delivery: Process for ordering products, delivery terms, and acceptance procedures
8. Prices and Payment: Pricing structure, payment terms, and invoice requirements
9. Intellectual Property Rights: Usage rights for trademarks, branding guidelines, and IP protection obligations
10. Compliance: Regulatory compliance requirements, including competition law and data protection
11. Term and Termination: Duration of agreement, renewal terms, and termination provisions
12. Post-Termination: Obligations and rights after agreement termination
13. General Provisions: Standard legal clauses including governing law, dispute resolution, and notices
1. Exclusivity Provisions: Detailed terms for exclusive arrangements, used when dealer has exclusive rights in territory
2. Marketing and Promotion: Specific marketing requirements and cost-sharing arrangements, if applicable
3. Training Requirements: Detailed training obligations and certification requirements, if needed for technical products
4. After-Sales Service: Service and warranty handling procedures, if dealer provides technical support
5. Stock Requirements: Minimum stock levels and warehouse requirements, if applicable
6. Insurance: Specific insurance requirements beyond standard coverage
7. Non-Compete: Non-competition provisions, if required and permissible under Swiss law
8. Customer Data Management: Detailed data protection procedures, if significant customer data processing is involved
1. Product Schedule: Detailed list of products covered by the agreement, including specifications
2. Price List: Current pricing structure, including dealer margins and discount schemes
3. Territory Definition: Detailed description or map of the authorized sales territory
4. Performance Targets: Specific sales targets and KPIs
5. Technical Requirements: Technical specifications and standards for product handling
6. Brand Guidelines: Detailed requirements for use of trademarks and marketing materials
7. Service Level Agreement: Detailed service standards and response times
8. Warranty Terms: Detailed warranty procedures and responsibilities
Relevant legal definitions
Clauses
Relevant Industries
Manufacturing
Automotive
Electronics
Industrial Equipment
Consumer Goods
Medical Devices
Machinery
Technology
Pharmaceuticals
Luxury Goods
Retail
Telecommunications
Relevant Teams
Legal
Commercial
Sales
Business Development
Compliance
Supply Chain
Distribution
Channel Management
Procurement
Operations
Partner Relations
Relevant Roles
Commercial Director
Sales Director
Business Development Manager
Legal Counsel
Contracts Manager
Distribution Manager
Channel Manager
Chief Commercial Officer
Sales Operations Manager
Compliance Officer
Supply Chain Manager
Territory Manager
Partner Manager
Chief Legal Officer
Procurement Manager
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