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Distributor Evaluation
"I need a Distributor Evaluation agreement under Swiss law for assessing a potential electronics distributor in Germany and Austria, with a focus on their technical capabilities and after-sales service infrastructure, for an evaluation period starting March 2025."
1. Parties: Identification of the potential supplier/manufacturer and the potential distributor
2. Background: Context of the evaluation process and the parties' intentions regarding potential future distribution relationship
3. Definitions: Key terms used throughout the agreement including Evaluation Period, Evaluation Criteria, Territory, Products
4. Scope of Evaluation: Details of what aspects of the distributor's business and capabilities will be evaluated
5. Duration: Length of the evaluation period and any conditions for extension or early termination
6. Evaluation Process: Step-by-step description of how the evaluation will be conducted, including meetings, site visits, and assessments
7. Parties' Obligations: Specific responsibilities of both parties during the evaluation period
8. Confidentiality: Protection of confidential information exchanged during the evaluation process
9. Data Protection: Handling and protection of personal and business data in compliance with Swiss law
10. No Commitment: Clear statement that the evaluation process does not guarantee a future distribution agreement
11. Costs: Allocation of costs incurred during the evaluation process
12. Intellectual Property: Protection and usage rights of IP during the evaluation period
13. Termination: Circumstances and process for ending the evaluation
14. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction for disputes
1. Sample Products: Terms for handling product samples during evaluation, used when physical products are part of the assessment
2. Multi-Territory Provisions: Additional terms for evaluations covering multiple territories or countries
3. Industry-Specific Requirements: Special provisions for regulated industries (e.g., pharmaceuticals, medical devices)
4. Technical Requirements: Specific technical capabilities assessment, relevant for technical products or services
5. Financial Guarantees: Terms for any financial commitments or guarantees during evaluation, used for high-value evaluations
6. Third-Party Evaluation: Provisions for external evaluators or consultants, when independent assessment is required
1. Schedule 1 - Evaluation Criteria: Detailed list of criteria and metrics used to evaluate the potential distributor
2. Schedule 2 - Evaluation Timeline: Detailed timeline of evaluation activities and milestones
3. Schedule 3 - Required Documentation: List of documents and information the potential distributor must provide
4. Schedule 4 - Territory Description: Detailed description of the geographic area(s) covered by the evaluation
5. Schedule 5 - Product List: List of products or services relevant to the potential distribution agreement
6. Appendix A - Evaluation Forms: Standard forms and templates used during the evaluation process
7. Appendix B - Confidentiality Terms: Detailed confidentiality provisions and requirements
8. Appendix C - Compliance Checklist: Regulatory and compliance requirements checklist
Authors
Manufacturing
Pharmaceuticals
Medical Devices
Consumer Goods
Electronics
Automotive
Industrial Equipment
Food and Beverage
Luxury Goods
Chemical Products
Software and Technology
Telecommunications
Legal
Commercial
Sales
Business Development
Supply Chain
Operations
Compliance
Partner Management
Distribution
Channel Management
Commercial Director
Sales Director
Business Development Manager
Distribution Manager
Legal Counsel
Contracts Manager
Chief Commercial Officer
Head of Sales
Supply Chain Manager
Channel Manager
Partner Manager
Compliance Officer
Chief Legal Officer
Operations Director
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