This Dealer Agreement template is designed for use in New Zealand business contexts where a manufacturer, supplier, or brand owner (principal) wishes to appoint a dealer to sell and distribute their products. The agreement is structured to comply with New Zealand commercial law, including the Fair Trading Act 1986, Commerce Act 1986, and Contract and Commercial Law Act 2017. It contains essential provisions for establishing the dealer relationship, including territory rights, performance obligations, product supply terms, pricing mechanisms, and intellectual property usage. The Dealer Agreement is particularly crucial for businesses expanding their distribution networks through third-party dealers, providing a clear framework for the commercial relationship while protecting both parties' interests. It includes specific provisions required under New Zealand law and commercial practice, making it suitable for both domestic and international companies operating in the New Zealand market.
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1. Parties: Identifies and provides full legal details of the principal and dealer
2. Background: Sets out the context of the agreement, including the principal's business, dealer's qualifications, and mutual intention to enter into a dealer relationship
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules
4. Appointment and Territory: Establishes the dealer's appointment, territory rights, and whether the appointment is exclusive or non-exclusive
5. Term and Renewal: Specifies the initial term of the agreement and any renewal provisions
6. Dealer Obligations: Details the core responsibilities and duties of the dealer
7. Principal's Obligations: Outlines the principal's commitments and support to the dealer
8. Products and Pricing: Describes the products covered by the agreement and pricing mechanisms
9. Orders and Supply: Details the process for ordering, delivery, and acceptance of products
10. Payment Terms: Specifies payment conditions, credit terms, and invoicing procedures
11. Intellectual Property: Covers the use of trademarks, logos, and other IP rights
12. Confidentiality: Establishes obligations regarding confidential information
13. Termination: Sets out grounds and procedures for termination
14. Post-Termination: Describes obligations and rights after agreement ends
15. General Provisions: Contains standard boilerplate clauses including notices, governing law, and dispute resolution
1. Performance Targets: Include when specific sales targets or performance metrics are required
2. Marketing and Promotion: Include when dealer has specific marketing responsibilities or restrictions
3. Training Requirements: Include when specific training or certification is required for dealer staff
4. Insurance: Include when specific insurance coverage is required
5. Bank Guarantee: Include when financial security is required from the dealer
6. Sub-dealers: Include when dealer is permitted to appoint sub-dealers
7. Stock Requirements: Include when minimum stock levels must be maintained
8. After-Sales Service: Include when dealer must provide specific after-sales support
9. Data Protection: Include when significant customer data handling is involved
10. Non-Compete: Include when restrictions on competing activities are required
1. Product List: Detailed list of approved products and their specifications
2. Price List: Current pricing structure and dealer margins
3. Territory Description: Detailed description or map of the authorized territory
4. Performance Criteria: Specific targets and measurement criteria
5. Service Level Requirements: Detailed service standards and response times
6. Trademark Usage Guidelines: Specific rules for using principal's trademarks
7. Operating Procedures: Detailed operational processes and requirements
8. Reporting Templates: Standard forms for required regular reporting
9. Commission Structure: Detailed breakdown of commission calculations
10. Training Requirements: Specific training programs and certification requirements
Relevant legal definitions
Clauses
Relevant Industries
Automotive
Industrial Equipment
Agricultural Machinery
Technology and Electronics
Construction Equipment
Marine Equipment
Medical Devices
Sporting Goods
Home Appliances
Machinery and Tools
Telecommunications Equipment
Relevant Teams
Legal
Commercial
Sales
Operations
Compliance
Business Development
Channel Management
Distribution
Contract Administration
Risk Management
Relevant Roles
Commercial Director
Sales Director
Business Development Manager
Channel Manager
Legal Counsel
Contracts Manager
Distribution Manager
Operations Director
Compliance Officer
Chief Commercial Officer
Territory Manager
Dealer Development Manager
General Manager
Chief Executive Officer
Sales Operations Manager
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