The relationship between a supplier/manufacturer and a distributor is not subject to a specific regime such as the agency agreement, which is subject to The Agency Agreements Act 12/1992 of 27 May 1992. Therefore, the distribution contract is essentially subject to the freedom of the parties. If, on the one hand, flexibility and the absence of excessively restrictive rules are valuable, freedom can be difficult for a foreign supplier/manufacturer who is not aware of the local practices of the concessionary country. The case law points out that the application by analogy of Article 28 of the law on agency contracts to distribution contracts is not automatic and that a distributor has the right to pay for economic harm if: before signing a distribution contract in Spain, it would be preferable to seek professional legal aid. With regard to the latter point, it should be noted that, although distributors take responsibility for the commercial risks associated with the resale of goods and services, the termination of the contract does not in itself mean the loss of customers by the distributor. In some cases, Spanish courts have recognized a distributor`s right to claim economic damages. This is an extension of the application of section 28 of the Agency Agreements Act to the distribution contract. The main feature of the distribution contract in Spain: the independence of the distribution contract A is an agreement under which a distributor markets the products or services of a manufacturer or supplier. The distributor makes available to the supplier its commercial network to distribute the goods or services of the manufacturer or supplier for a fixed or indeterminate period. This can guarantee the distributor the exclusive distribution of goods or services sold. Therefore, the relationship between a supplier and a distributor is essentially based on the terms set out in the distribution contract and on their interpretation by the Spanish courts in the event of a dispute.  Judgment 523/2016 of the First Civil Chamber, 22 July 2016.  The agreement adopted by the judges of the Supreme Court Chamber on 20 December 2005.
Expresiones cortas frecuentes: 1-400, 401-800, 801-1200, Mes . The main characteristic of a distributor is independence and autonomy from the manufacturer or supplier: the creation of a commercial network is a recurring challenge for companies that export and try to strengthen their international presence. Small and medium-sized enterprises generally need the help of local businesses to effectively enter a new market such as the Spanish market. Distribution is one of the traditional methods of establishing a business relationship with local businesses. Score: 161. Exact: 161. Tiempo de respuesta: 137 ms.