Tag: Marketing

Quick answer: A product supply agreement is a legally binding contract that sets out the terms under which one party supplies goods to another, covering pricing, delivery, and warranty obligations. It protects both sides by spelling out rights and responsibilities upfront, across 10 key elements, from product specs and quantities to termination and governing law. […]

Quick answer: A reseller agreement protects the supplier by keeping legal title in the goods until the reseller pays in full, with repossession rights even after resale. It also shifts risk of loss to the reseller once goods leave the transport provider, lets the supplier terminate if the reseller’s ownership changes significantly, and confirms no […]

There’s no doubt that using referrals to grow your business can significantly boost your brand and income. By creating and maintaining strong referral networks, you’ll gain an invaluable source of advertising that just keeps on giving! Due caution needs to be taken, though, and you should never assume that your referral partner knows the ‘steps […]

Quick answer: A distributor agreement should cover 12 key areas to protect your business, including the parties, product description, exclusive or non-exclusive territory, pricing with 30-day notice for increases, and termination and buyback terms. Exclusive dealing arrangements must also comply with Australian competition law, since anti-competitive exclusivity clauses are illegal. When you’re manufacturing or supplying […]

Quick answer: A sales agency agreement should set out whether the agent is exclusive or non-exclusive, the exact commission structure, and how and when either side can terminate. Add confidentiality and intellectual property clauses to protect trademarks and trade secrets, and a no-partnership clause confirming the agent isn’t an employee, partner, or joint venturer. A […]

The Personal Property Securities Act 2009 (“the PPS Act”) has now been in existence for about three years and many a cautionary tale is coming to fore about the dangers of not registering security interests in the PPSR and not having robust supply agreements to cover supply of good sold on credit. Registration of a […]

Quick answer: ACCC advertising rules require Australian businesses to avoid misleading or deceptive conduct, including fake reviews, false bait pricing, and unsubstantiated health or origin claims. Under the Australian Consumer Law, businesses must display total prices including all taxes and fees, and honour consumer guarantees on safety, quality, and service. If you are operating a […]

The striking difference between an Agency Agreement and a Distribution Agreement, is that an Agency Agreement confers certain powers on the Agent to act on behalf of and bind a Principal. This generally equates to the Agent finding purchasers for goods or services of the Principal and entering into sales contracts (in their capacity as […]

When is it appropriate to use an Agency or Distributor Agreement? An Agency Agreement is suitable for use in situations where one person (the principal) appoints another (the agent) to act on his or her behalf in relation to certain matters. This may be, for example, to promote and sell products manufactured by the principal, […]

Quick answer: A referral services agreement is a written contract that sets out how referral fees, roles and standards work between two businesses. It should fix the commission structure, whether flat-fee or percentage-based, along with payment timing, indemnity clauses and confidentiality terms. Since your reputation rests on how the referred party treats your client, getting […]