Distributorship Contract

Distributorship Contract Template for Switzerland

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Key Requirements PROMPT example:

"I need a Swiss law Distributorship Contract for my medical device company to appoint an exclusive distributor in Switzerland and Liechtenstein, with strict regulatory compliance requirements and minimum purchase commitments starting January 2025."

Document background

The Distributorship Contract under Swiss law serves as the primary legal framework for establishing and managing distribution relationships in Switzerland or with Swiss entities. This agreement is essential when a manufacturer or supplier wishes to engage a distributor to sell and market their products in a defined territory. It is particularly relevant for both domestic Swiss distribution arrangements and international companies seeking to distribute products within or through Switzerland. The contract must comply with Swiss legal requirements, particularly the Swiss Code of Obligations and competition laws, while addressing critical commercial aspects such as exclusivity rights, minimum purchase requirements, and performance targets. This document is commonly used across various industries and can be adapted to accommodate specific product requirements, regulatory compliance needs, and industry standards. It's especially important for businesses expanding their distribution networks in Switzerland or Swiss companies establishing distribution relationships internationally.

Suggested Sections

1. Parties: Identification of the supplier/manufacturer and distributor, including full legal names, registration details, and addresses

2. Background: Context of the agreement, brief description of the parties' businesses, and their intentions for the distribution relationship

3. Definitions: Definitions of key terms used throughout the agreement, including Products, Territory, Intellectual Property Rights, etc.

4. Appointment and Territory: Terms of distributor appointment, definition of territory, and any exclusivity provisions

5. Term: Duration of the agreement, including commencement date and any renewal provisions

6. Distributor Obligations: Core responsibilities of the distributor, including sales targets, marketing requirements, and customer service standards

7. Supplier Obligations: Core responsibilities of the supplier, including product supply, support, and training obligations

8. Orders and Delivery: Process for ordering products, delivery terms, and acceptance procedures

9. Prices and Payment: Pricing structure, payment terms, currency, and invoicing procedures

10. Intellectual Property Rights: Protection and usage rights of trademarks, patents, and other IP

11. Compliance: Requirements for regulatory compliance, including product safety and technical standards

12. Confidentiality: Protection of confidential information and trade secrets

13. Termination: Grounds for termination, notice requirements, and immediate termination rights

14. Post-Termination: Obligations and rights after contract termination, including inventory handling

15. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, entire agreement, and amendments

Optional Sections

1. Non-Competition: Restrictions on competing activities during and after the agreement - include when exclusivity is granted or when protecting market position is crucial

2. Minimum Purchase Requirements: Specific purchasing obligations - include when supplier requires volume commitments

3. Marketing and Promotion: Detailed marketing obligations and cost-sharing - include when specific marketing requirements are essential

4. Training Requirements: Specific training obligations - include for technical or complex products

5. After-Sales Service: Service and warranty obligations - include for products requiring technical support or maintenance

6. Insurance: Specific insurance requirements - include for high-value or high-risk products

7. Data Protection: Detailed data protection provisions - include when significant personal data processing is involved

8. Force Majeure: Detailed force majeure provisions - include when supply chain disruption risks are significant

Suggested Schedules

1. Products Schedule: Detailed list of products covered by the agreement, including specifications and prices

2. Territory Schedule: Detailed description of the geographic territory, including any excluded areas or customers

3. Performance Targets: Specific sales targets and performance metrics

4. Price List: Detailed pricing structure, including discounts and payment terms

5. Technical Requirements: Product-specific technical requirements and standards

6. Marketing Guidelines: Supplier's requirements for marketing and brand usage

7. Service Level Requirements: Detailed customer service and after-sales support standards

8. Approved Sub-distributors: List of approved sub-distributors if sub-distribution is permitted

Authors

Alex Denne

Head of Growth (Open Source Law) @ ��Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Consumer Goods

Industrial Equipment

Pharmaceuticals

Technology

Automotive

Food and Beverage

Electronics

Medical Devices

Luxury Goods

Software

Manufacturing

Retail

Chemical Products

Machinery

Relevant Teams

Legal

Commercial

Sales

Business Development

Supply Chain

Operations

Compliance

International Trade

Distribution

Contract Management

Relevant Roles

Commercial Director

Sales Director

Business Development Manager

Legal Counsel

Contract Manager

Distribution Manager

Supply Chain Manager

Chief Commercial Officer

Regional Sales Manager

Compliance Officer

General Counsel

Managing Director

Operations Director

Channel Manager

Export Manager

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