Whether you are a small independent operator, a multi-unit chain or a management company at a university, hospital or other large institution, you need to verify the agreement you have with your distributor to ensure that you best meet your needs. So what areas do you need to have in the distribution agreement? None of the parties is responsible for non-performance due to a cause or circumstances that are beyond the proper control of that party, including, but not only, a demand for such products and other products manufactured by the company and which have the ability of the company to supply them, earthquakes, fires, accidents, floods, storms, other acts of God , wars of unrest, rebellions, strikes, lockouts or other labour disorders. , domestic or international emergencies, failure to secure equipment or equipment from customary sources of supply, inability of carriers to provide transportation, regulations, regulations, deeds, injunctions, restrictions or requirements, or any other cause or circumstance that is not subject to proper control by the contracting party. Such incapacity or delay in delivery does not invalidate the rest of this agreement. (e) “products”: supplier products listed in Schedule B that are attached to Appendix B. One. The term “proprietary information” refers to all information, technical data or know-how (including, but not limited, on products, software, services, development, inventions, processes, techniques, customers, pricing, internal procedures, business and marketing plans, finance, employees and business opportunities) that are directly or indirectly disclosed by one party (the “deciding party”) to the other (the “beneficiary party”) , directly or indirectly, in any form. , including orally or visually, not limited to writing, in a machine-readable form or in some other tangible form. A distribution agreement is a very valuable document and the basis of your relationship with any Broadline distributor.
If you don`t have a distribution agreement, sometimes called MDA (Master Distributor Agreement), you need it. This agreement constitutes the whole agreement between the parties on this subject and replaces all previous agreements and instruments in this area. If there is a discrepancy between the provisions of the exclusivity distribution contract and the provisions of Schedule A or Appendix B, the terms of the exclusivity distribution contract apply.