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Purchase And Resale Agreement
"I need a Purchase and Resale Agreement for my electronics distribution business where we'll be the exclusive distributor of Korean smartphones in New Zealand, with minimum purchase commitments of 1000 units per quarter starting March 2025."
1. Parties: Identifies and provides full legal details of all parties to the agreement, including registered addresses and company numbers where applicable
2. Background: Sets out the context of the agreement, including the purpose and general intent of the parties
3. Definitions: Defines key terms used throughout the agreement to ensure clarity and consistent interpretation
4. Purchase Terms: Details the initial purchase including prices, quantities, and delivery terms
5. Payment Terms: Specifies payment amounts, timing, and methods for both purchase and resale transactions
6. Delivery and Transfer of Title: Outlines delivery arrangements, risk transfer, and when legal ownership passes
7. Quality and Specifications: Defines required product standards, specifications, and quality assurance processes
8. Resale Rights and Obligations: Specifies terms under which goods can be resold, including any territorial or customer restrictions
9. Warranties and Representations: Lists warranties given by each party regarding the goods and their authority to enter the agreement
10. Term and Termination: Specifies agreement duration and circumstances under which it can be terminated
11. Liability and Indemnification: Sets out liability limits and indemnification obligations of each party
12. Dispute Resolution: Outlines process for resolving disputes between parties
13. General Provisions: Contains standard boilerplate clauses including governing law, notices, and assignment rights
1. Intellectual Property Rights: Include when the goods involve trademarks, patents, or other IP rights that need protection
2. Minimum Purchase Requirements: Add when there are specific volume commitments or ongoing purchase obligations
3. Marketing and Promotion: Include when parties have specific responsibilities for marketing or promoting the goods
4. Territory Restrictions: Add when resale is limited to specific geographic areas or markets
5. Exclusivity Provisions: Include when either party is granted exclusive rights in certain contexts
6. Compliance with Laws: Add detailed compliance section when dealing with regulated products or markets
7. Storage and Handling: Include for goods requiring specific storage conditions or handling procedures
8. Training and Support: Add when supplier must provide training or ongoing support for the goods
9. Insurance Requirements: Include when specific insurance coverage is required for high-value or high-risk goods
10. Confidentiality: Add detailed confidentiality provisions when dealing with sensitive commercial information
1. Schedule 1 - Products and Pricing: Detailed list of products, specifications, and pricing structure
2. Schedule 2 - Service Levels: Specific performance metrics and service level requirements
3. Schedule 3 - Territory Definition: Detailed description of authorized sales territories if applicable
4. Schedule 4 - Quality Standards: Detailed quality requirements and testing procedures
5. Schedule 5 - Delivery Requirements: Specific delivery timeframes and logistics requirements
6. Appendix A - Product Specifications: Technical specifications and requirements for each product
7. Appendix B - Warranty Terms: Detailed warranty terms and claim procedures
8. Appendix C - Return Procedures: Processes and requirements for product returns and replacements
Authors
Retail
Manufacturing
Consumer Goods
Electronics
Automotive
Fashion and Apparel
Food and Beverage
Medical Supplies
Industrial Equipment
Telecommunications
Agricultural Products
Construction Materials
Pharmaceuticals
Technology Hardware
Legal
Procurement
Sales
Commercial
Supply Chain
Operations
Finance
Compliance
Business Development
Trade
Vendor Management
Procurement Manager
Commercial Director
Supply Chain Manager
Sales Director
Business Development Manager
Legal Counsel
Contract Manager
Operations Manager
Commercial Manager
Chief Commercial Officer
Purchasing Officer
Distribution Manager
Vendor Relations Manager
Category Manager
Trade Compliance Manager
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