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Exclusive Dealing Contract Template for Denmark

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Key Requirements PROMPT example:

Exclusive Dealing Contract

Document background
The Exclusive Dealing Contract is a crucial document used when a supplier wishes to establish a dedicated distribution channel in a specific territory through a single dealer. This type of agreement, governed by Danish law, is particularly important in situations where manufacturers want to maintain brand consistency, ensure quality control, or develop strong market presence through specialized partners. The contract must carefully balance commercial interests with legal compliance, especially regarding Danish Competition Act (Konkurrenceloven) and EU competition regulations. It typically includes comprehensive terms covering exclusivity rights, performance targets, territory definitions, and brand protection measures. The document is especially relevant in industries where product expertise, after-sales service, or market specialization is crucial for success.
Suggested Sections

1. Parties: Identification of the supplier/manufacturer and the exclusive dealer, including full legal names, registration numbers, and addresses

2. Background: Context of the agreement, including the supplier's business, dealer's expertise, and rationale for exclusive arrangement

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

4. Appointment and Scope: Terms of exclusive appointment, territorial scope, and product range covered

5. Duration and Termination: Contract term, renewal provisions, and termination circumstances

6. Exclusivity Obligations: Detailed terms of exclusivity, including restrictions on both parties

7. Supply Terms: Conditions for ordering, pricing, delivery, and payment

8. Performance Requirements: Minimum purchase quantities, sales targets, and performance metrics

9. Marketing and Promotion: Requirements for marketing, advertising, and promotion of products

10. Intellectual Property Rights: Usage rights for trademarks, logos, and other IP

11. Confidentiality: Protection of confidential information and trade secrets

12. Compliance: Obligations to comply with laws, particularly competition laws

13. Governing Law and Jurisdiction: Specification of Danish law as governing law and jurisdiction for disputes

Optional Sections

1. Training and Support: Include when supplier provides significant technical support or training

2. Stock Requirements: Include when specific inventory levels must be maintained

3. After-Sales Service: Include when dealer must provide specific after-sales support

4. Non-Compete: Include when additional competition restrictions are needed (subject to legal review)

5. Digital Rights: Include when online sales and digital presence are significant

6. Force Majeure: Include when specific events beyond control need detailed treatment

7. Insurance Requirements: Include when specific insurance coverage is required

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

9. Change of Control: Include when ownership changes need special treatment

Suggested Schedules

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

2. Territory Definition: Detailed description or map of exclusive territory

3. Price List: Current prices and discount structures

4. Performance Metrics: Detailed KPIs and measurement methods

5. Technical Requirements: Specific technical or quality standards to be maintained

6. Marketing Guidelines: Detailed marketing and branding requirements

7. Service Level Agreement: Specific service standards and response times

8. Approved Sub-dealers: List of approved sub-dealers if sub-dealing is permitted

Authors

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Relevant Industries
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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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