Defective or non-compliant product or service?
When a defective or non-compliant product or service is delivered, the contract is often “rescinded” too quickly. There are exceptions but, as a general rule, a specific notice of default …Read More
Notice period of a distribution agreement
A wholesaler selling clothing of the French fashion brand Kookai left Kookai’s invoices unpaid, after which Kookai stopped selling and delivering the clothes. In the proceedings, the wholesaler claimed that …Read More
The automotive is changing its distribution model
Well-known car brands such as Ford, Volvo, Mercedes and Stellantis (collaboration of Fiat Chrysler and Peugeot) are moving from appointing cardealers to agents in Europe, or at least that is …Read More
Distribution agreement or (successive) purchase agreements?
That the difference is important, is shown by the ruling of the Provisional Judge dated June 14, 2022 of the District Court of North Holland.
The court stated that the qualification …Read More
The Dutch Franchise Act: amend existing agreements before 1 January 2023!
A number of provisions of the Dutch Franchise Act took effect immediately on 1 January 2021. The other provisions must be fully implemented as of 1 January 2023 in the …Read More
New EU rules for distribution agreements per June 1, 2022
The European rules for distribution agreements and online platforms have been modernized. On 1 June 2022, a new block exemption regulation for vertical agreements entered into force. This concerns the …Read More
Vienna Sales Convention and the risks of goods
The Rotterdam District Court issued an interesting judgment on March 9, 2022. The case was about the following issue:
Medical agreed with E2C that E2C would provide the transportation of Covid …Read More
Benefits of selective distribution
Exclusive distributors are increasingly affected by webshops that offer lower prices in their exclusive area. Just think of the online sales platforms, such as Marktplaats, Ebay, Bol, Amazon, Alibaba and …Read More
Parallel trade
Official resellers of branded products are increasingly confronted with parallel trade. In parallel trade, the branded products are imported without permission of the manufacturer or brand owner of the original …Read More
Termination of agency agreement and customer compensation
Upon termination of the agency agreement, the agent (provided that the termination is not attributable to himself) is entitled to compensation if he has brought new customers to the principal …Read More
