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Dealer Agreement for Germany

Dealer Agreement Template for Germany

A comprehensive legal agreement governed by German law that establishes and regulates the commercial relationship between a supplier/manufacturer and a dealer/distributor. The agreement defines the terms under which the dealer is authorized to sell and distribute the supplier's products, including territorial rights, obligations of both parties, pricing structures, and performance requirements. It incorporates specific provisions required under German commercial law (HGB) and considers EU competition law requirements, particularly regarding vertical agreements and territorial restrictions.

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Dealer Agreement

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What is a Dealer Agreement?

The Dealer Agreement is a crucial commercial contract used to establish and govern the relationship between suppliers/manufacturers and their dealers/distributors in the German market. This document is essential when a supplier wants to expand their distribution network through independent dealers while maintaining control over how their products are sold and distributed. The agreement must comply with German Civil Code (BGB) and Commercial Code (HGB) requirements, as well as EU competition laws. It typically includes detailed provisions on territory rights, product scope, pricing, minimum purchase requirements, marketing obligations, and quality standards. The Dealer Agreement is particularly important in industries where product distribution requires specific expertise, maintenance of quality standards, or after-sales service.

What sections should be included in a Dealer Agreement?

1. Parties: Identification of the supplier/manufacturer and dealer with full legal details

2. Background: Context of the agreement and brief description of the parties' business relationship

3. Definitions: Definitions of key terms used throughout the agreement

4. Appointment and Territory: Appointment of dealer and definition of territorial scope

5. Products: Description and scope of products covered by the agreement

6. Dealer Obligations: Core responsibilities and commitments of the dealer

7. Supplier Obligations: Core responsibilities and commitments of the supplier

8. Ordering and Delivery: Process for ordering products and delivery terms

9. Prices and Payment: Pricing structure, payment terms, and related conditions

10. Intellectual Property Rights: Usage rights and restrictions regarding trademarks and other IP

11. Confidentiality: Protection of confidential information and trade secrets

12. Term and Termination: Duration of agreement and termination provisions

13. Post-Termination: Obligations and rights after agreement termination

14. General Provisions: Standard legal provisions including governing law, jurisdiction, etc.

What sections are optional to include in a Dealer Agreement?

1. Minimum Purchase Requirements: Used when specific purchase quotas or targets are required

2. Marketing and Promotion: Include when dealer has specific marketing obligations or restrictions

3. Training Requirements: Required when dealer must undergo specific product or service training

4. After-Sales Service: Include when dealer must provide maintenance or repair services

5. Stock Requirements: Used when minimum stock levels must be maintained

6. Non-Compete: Include when dealer is restricted from selling competing products

7. Insurance Requirements: Used when specific insurance coverage is mandatory

8. Data Protection: Include when significant personal data processing is involved

9. Export Control: Required when products are subject to export regulations

10. Compliance with Anti-Corruption Laws: Include for international dealings or high-value transactions

What schedules should be included in a Dealer Agreement?

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

2. Price List: Current prices and discount structures

3. Territory Map: Detailed description or map of authorized territory

4. Technical Requirements: Technical specifications and standards dealer must maintain

5. Service Level Agreement: Detailed service standards and requirements

6. Marketing Guidelines: Guidelines for use of trademarks and marketing materials

7. Reporting Templates: Standard forms for required periodic reporting

8. Performance Targets: Specific sales targets and performance metrics

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

Jurisdiction

Germany

Publisher

Ƶ

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions
































Clauses








































Relevant Industries

Automotive

Electronics

Industrial Equipment

Consumer Goods

Machinery

Medical Devices

Software

Telecommunications

Construction Equipment

Agricultural Equipment

Fashion and Apparel

Home Appliances

Relevant Teams

Legal

Commercial

Sales

Business Development

Distribution

Supply Chain

Compliance

Operations

Channel Management

Relevant Roles

Commercial Director

Sales Director

Business Development Manager

Legal Counsel

Contract Manager

Distribution Manager

Channel Manager

Chief Commercial Officer

Sales Operations Manager

Regional Sales Manager

Compliance Officer

Supply Chain 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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