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CM Advocates > Sub-dealer Agreement-Pro-Principal

Sub-dealer Agreement-Pro-Principal

A Sub-Dealer is a dealer who derives its authority to distribute a product from an underlying Dealership Agreement. A Sub-Dealer Agreement (also known as Sub-Distributor Agreement) is therefore an agreement which authorises a person to buy and resell a product or service.

This Agreement may either be exclusive or non-exclusive. An exclusive Agreement limits the number of parties that a principal can authorise to buy and resell a particular product or service. When entering into a Sub-Dealer Agreement, the parties must confirm that the principal has authority to enter into a Sub-Dealer Agreement.

 

This Agreement, which has been drafted in favour of the principal, may be used by parties in any industry e.g. manufacturing and petroleum where there is need to distribute products. It may also be modified or amended to address specific needs of the parties involved.

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Table of Contents

  1. APPOINTMENT
  2. EFFECTIVE DATE AND DURATION
  3. ORDERS, PRICE, TERMS OF SALE & PAYMENT
  4. OBLIGATION OF SUB DEALER
  5. OBLIGATION OF THE PRINCIPAL
  6. WARRANTY
  7. TERMINATION
  8. INDEMNIFICATION & LIMITATION OF LIABILITY
  9. CONFIDENTIAL & PROPRIETARY INFORMATION
  10. INTELLECTUAL PROPERTY RIGHTS
  11. NO WAIVER
  12. ASSIGNMENT AND OTHER DEALINGS
  13. GOVERNING LAW
  14. DISPUTE RESOLUTION
  15. FORCE MAJEURE
  16. AMENDMENTS
  17. EXCLUSION OF PARTNERSHIP/AGENCY
  18. ENTIRE AGREEMENT
  19. NOTICES
  20. SEVERABILITY
  21. AUTHORITY TO EXECUTE
  22. WAIVER
  23. SURVIVAL
  24. NON-EXCLUSIVITY
  25. CONCLUSIVE EVIDENCE
  26. COSTS
  27. COUNTERPARTS
  28. GENERAL
  29. SCHEDULE A – THE JBC PRODUCTS

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