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Wholesale and distribution

In the brokering, agency and distribution sector, the focus is often on smart purchasing, import, storage and forwarding.

Your Intellectual Property, i.e. trademarks, designs, trade names, copyrights are an essential part: a foundation to protect you. Sales, marketing, logistics of deliveries to the retail sector often continue to be key processes. Obviously, they take place through contracts with retailers; sometimes organised in chains, franchise chains or procurement organisations. At times the pressure of suppliers is high and the middlemen is required to just translate this into the retail column.

You know there are rules about agency, but where are agency contracts allowed to deviate from the Dutch Civil Code (Article 428, Book 7), and does that also apply to distribution? What about cancellations and your right to commission or redemption ("goodwill compensation")?

Sales targets, KPIs and marketing determine the agenda. At times you may question it. Was that clause really all that well negotiated at the time and are the current additional obligations actually in line with the old and initial agreements? Assessment of your agency agreement or distribution contract may provide a solution. For example, can the "exclusivity clause" for a product or market be construed differently? Do any European rules apply, such as exemption regulations/ block exemptions, which allow certain export restrictions within the EU regulations?

We look forward to advising you. Contact us for an introductory meeting.

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