Field of Competence Distribution

Marketing: Certainty in Distribution

The best product is worthless if no one can purchase it. For both seller and buyer, the legal protection of your business interests must be a priority. It begins from the moment you first inquire about a possible sale. We would be pleased to assist in drafting confidentiality agreements to provide effective protection of your trade and business secrets in contract negotiations. A detailed description of the promised performance, timing, liability limits, and any applicable restrictions imposed by competition and cartel law are only a few of the critical aspects that must be addressed in distribution contracts by individual agreement and not merely by reference to standard terms and conditions. We support you in identifying and drafting appropriate contractual provisions and are at your side whenever requested in negotiations with business partners so that you and your customers and suppliers can reach agreements that are legally clear and reliable. If frictions or even disputes arise, we provide advice in out-of-court resolution efforts or, if need be, representation in formal litigation.

Scope of Services

• Advice on the drafting and negotiation of distribution agreements, both buyer-side and seller side
• Advice on the design and implementation of selective distribution systems
• Advice on E-commerce and its interfaces with IT law
• Advice on the drafting and examination of standard terms and conditions (Allgemeine Geschäftsbedingungen / AGB)
• Advice for asserting and defending defect claims, including representation in litigation
• Legal advice in construction and plant engineering projects
• Assertion and defense of indemnity claims by commercial agents (§ 89b Commercial Code)
• Support in the termination of supply and other distribution agreements