Distribution Agreement Poland
Category : Uncategorized
However, since a distribution contract is an innomage contract that is not specifically regulated by law, the doctrine proposes to use a reasonable analogy with the provisions relating to the respective designation contracts (such as sales contracts, mandate contracts, agency contracts). It is customary for distribution contracts to include rules for the processing of personal data of the distributor`s customers. It should also be noted that in the light of general Polish civil law, if an agreement has been reached in writing, the denunciation must also be made in writing. How can a supplier protect its intellectual property from violations by its distributors and third parties? Are technology transfer agreements common? Fixed-term distribution agreements expire at the end of their term without notice, unless the contract has expressly agreed otherwise. As a general rule, agreements to restrict the territory or customer base on which the distributor can sell the supplier`s goods are prohibited. However, the following restrictions are expressly permitted: (i) with respect to the premises or land on which the trader operates; (ii) restrictions on active selling to a particular territory or group of customers, reserved for the supplier or assigned by the supplier to another buyer, where these restrictions do not prevent customers from selling the contract property; (iii) restrictions on the sale to the end consumer by a wholesaler; (iv) restrictions on the resale of contract goods to buyers who are not part of a selective distribution system by distributors operating in a selective distribution system; and v) restrictions on the distributor`s right to resell components to other distributors they allegedly used to manufacture products considered by their buyers to be substitutes for products sold by the supplier because of their destination, price and characteristics, including quality. The supplier may offer resale prices, unless the terms of the contract or other agreements between the supplier and the distributor do result in price fixing, which is prohibited. Even if pricing does not result directly from the terms of the contract, but results, for example. B, a policy of discounts or bonuses, such actions are prohibited. If the agreement does not specify the amount of the aforementioned commission, it is due in the amount generally accepted in those relationships at the place where the commercial agent operates.
The Polish Civil Code provides for the maximum percentage of interest and contractual provisions do not exclude or limit the provisions relating to maximum interest rates, even if they choose a foreign jurisdiction. In this case, the provisions of the Civil Code apply. In addition, the Polish Bankruptcy Act provides that the provisions of a contract providing for a review or termination of a legal relationship involving the bankruptcy trustee in the event of a bankruptcy application or declaration of bankruptcy are null and void. The two rules above are general, i.e. they are not just about sales contracts. However, some scientists say that distribution agreements should be governed by the same rules as agency agreements with respect to compensation for the company`s will.