Each supplier and distributor acknowledges that a violation of Article 3 or Article 7 would cause direct and non-re-republisted harm for which monetary damage would be insufficient. Accordingly, the aggrieved party is entitled to an omission for breach by the other party of its obligations under those sections, without evidence of actual harm and without the posting of obligations or other security. This remedy is not considered an exclusive remedy for this violation, but in addition to any other legal or equity remedies. The EDA is structured so that the conditions under which the distributor has the right to resell the supplier`s products are defined in the EDA, while the terms of purchase of the supplier`s products by the distributor are governed by the supplier`s general terms of sale (CG). Two bis. You must decide whether the distributor should have an exclusive or non-exclusive right to sell your products. If the distributor has to sell your products exclusively, it means that you cannot sell the products within the agreed geographic area, except through the distributor. Not granting the distributor a non-exclusive right to sell your products means that you are free to appoint other representatives who can sell your products within the agreed geographic area. In addition, you are free to sell your products directly to customers in this area.
Right to resale In addition, you must decide: (d) reserve ownership by the supplier. The supplier reserves the right to take the following steps at any time under [insert number] ([insert number]) calendar days prior to written notification to the distributor without any responsibility: (i) add or remove products from Schedule B, (ii) modify or update the design of the products or part of the products, and (iii) exclusively for sale directly or indirectly, to certain types of customers or to certain accounts in the territory. one. Subject to the terms of this exclusive distribution agreement, the supplier designates the distributor and the distributor accepts such a designation and undertakes to act as the exclusive distributor of supplier products (defined below) in the following geographical area (the “territory”): taking into account the exclusive right conferred there, the distributor cannot buy, import, sell, distribute or buy products in the region during the actual period of the agreement. , import, sell, distribute or trade in one way or another, and the Seller may not offer, sell or export products through any other channel than the distributor during the effective period of this Agreement. The seller will not help anyone in the territory, will directly or indirectly provide the technical details of the products. This agreement and the attached statement (which is expressly included in this reference) contain the full and comprehensive agreement between the parties regarding the purpose of this agreement. It replaces all previous negotiations, submissions and proposals, in writing or any other means, relating to its purpose. Changes, amendments or amendments to this agreement must be established by a text signed by the authorized representatives of both parties.