Distribution Agreement Deutschland

Can a supplier control the prices at which its distributor resells its products? If not, how will these restrictions be enforced? At the end of the distribution chain, consumer protection laws apply, i.e. between the seller and the consumer buyer. Legal law grants a 2-year guarantee that the products are free from defects in case of risk transfer. In the event of a defect, the buyer has the right to claim compensation (correction or delivery of goods without defect), alternatively price reduction or cancellation (all this regardless of fault) and damages, provided that the seller has acted in debt (§§ 437, 280 ff. BGB). Although a fault is usually presumed by law, the seller can discharge himself, especially if the seller did not fabricated the deal (but his subcontractor). These rights cannot be excluded from consumers (§ 474, 475 BGB). Each seller within the distribution chain has the right to use his own supplier if the product was already defective at the time of the respective delivery (§ 478, 479 BGB). However, in order to preserve these rights, the buyer (except consumer) must check upon delivery whether the products are defective and inform the seller (§§ 377, 378 HGB). To what extent does anti-bribery or anti-corruption legislation apply to relations between suppliers and their business partners? In addition, the Bundesgerichtshof held that a claim for damages could not be based on the customer data agreement, which obliges the merchant to provide customer data during the term of the distribution contract. In accordance with the terms of the customer information agreement, the supplier was no longer able to use the customer data provided to it, since it was contractually obliged to block the corresponding data and suspend and even delete it after the termination of the contract. What courts, procedures and remedies are available to suppliers and distributors to resolve disputes? Are foreign companies limited in their ability to resort to these courts and procedures? Can you expect fair treatment? To what extent can a party to the trial demand the disclosure of documents or testimony of an opposing party? What are the advantages and disadvantages for a foreign company when disputes are settled in the courts of your country? A supplier can request reports on e-commerce sales, as a supplier can request reports on all other sales from their trading partner.

In principle, the distributor is not entitled to a certain remuneration for his distribution activity. . . .