独家销售(排他性销售)（Exclusive sales (exclusive sales)）
Exclusive sales means that the parties agree, through the agreement, that the manufacturer supplies products to a retailer in a particular area and is resold within that territory. At the same time, the Seller shall not take the initiative to ll the product in the exclusive territory assigned by the manufacturer to other exclusive vendors.
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Exclusive sales or exclusive sales agreement, it is concluded the agreement between the two companies, one of the direction of other commitments, for resale of a commodity, it is in a particular market or the market in a certain area only to each other to provide goods. The exclusive sales agreement is the most widely ud vertical restraints in practice. This agreement has two characteristics, the first is exclusive". If a manufacturer has entered into a sales agreement with two or more vendors in one contract area, such agreements cannot be called exclusive sales agreements (two). The cond characteristic is "sale", that is, the main content of this agreement is that one party lls goods for the other party. If a party buys the goods only for their own u or consumption, this is not an exclusive sales agreement.
Generally speaking, a manufacturer does not enter into exclusive sales agreements with only one lle
r. If he is at the same time with many vendors in different regions to enter into an exclusive sales agreement, such agreement is also known as exclusive geographical agreement (exclusive territories). Exclusive sales agreement is generally prescribed in the contract, the ller can region exclusive sales of products, manufacturers and distributors of other manufacturers in the
area shall not ll products, exclusive sales agreement is the most exclusive regional agreement.
The competition of modern enterpris is largely the product of brand competition, so the producers need to retailer promotion and sales of its own brand, but the ller is not willing to pay for the reality of this effort. This is becau, in the same area there are other vendors lling the same brand ca, if a ller for the brand promotion and sales efforts, the retailer promotional effort to increa sales by other vendors to share, that is to say the llers to other vendors do wedding dress this is the effort, the vendors would not. Exclusive lling this way solves this problem very well. Exclusive lling manufacturers ensure that the retailer promotes the return of its brand by placing only one ller in each area.
The theory of competition law generally believes that competition between brands is more important than competition within the brand. Although the number of exclusive sales restrictions each regional
never say die郑州外国语学校国际部sales of the same brand dealers, weaken the inter brand competition, contrary to possible legal protection and competition, but also make sales each manufacturer's products have got their vendors active promotion and marketing, intensified the competition among various brands, so it is positive significance in law. But exclusive sales can also have a negative effect on competition in some cas. As a brand products in the market is relatively small, inter brand competition is not sufficient, the brand competition is important, if only the brand exclusive sales, it will eliminate the brand competition (the competition
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between brands is weak, this is the actual elimination of competition) and market gmentation and foster price discrimination. But if most or all of the manufacturers have adopted exclusive sales, will facilitate manufacturer or vendor conspiracy, formation of price cartel monopoly market, which is not allowed by the law.
Editorial elements of exclusive sales
Exclusive sales in addition to the general effective conditions shall have the contract, should also have the following special elements: first, the subject is the exclusive distributor agreement (upstream enterpris) and exclusive distributors (downstream enterpris), both parties belong to t
夏天旅游wo different business areas, and each area of operation is the relationship between upstream and downstream, such as production manufacturers and wholesalers, manufacturers and retailers, wholesalers and retailers. Second,
莫言的获奖作品The contents of the agreement include the agreement as a party to the upstream enterpri commitment in a particular market or market in a certain field just as the other party to downstream enterpris provide a commodity, and both the upstream enterpri initiative or passive acceptance of downstream requirements of enterpris and to make such a commitment. Third, the parties reached an agreement for a common purpo and sales of a commodity, the upstream enterpris may be the reason for the sales of a commodity to expand its product market share or promote the products to enter the market for the downstream enterpris may, for reasons to reduce costs and improve the competitiveness of enterpris,
entertainmentsthe exclusive sales market to expand profit considerations.
Exclusive sales in the exclusive distributor is in its own name, for their own interests, engaged in the purcha of resale, and enjoy the exclusive exclusive distribution of the interests of dealers, and commercial agency agreement agency has obvious difference. First, the exclusive distributor for busi
ness activities in the name of the customer, and their customers, through the activities will be a commodity according to the exclusive sales agreement to obtain the exclusive right to ll into commercial profit; and the agent must be in the name of the principal shall appoint affairs. Second, although the exclusive distributor of exclusive sales agreement, must bear the specific obligations of the exclusive distributor, but its operating behavior to buy after the resale shall be lf financing; and the agent for the authorized matters within the jurisdiction does not bear any loss, and entitled to be paid the claim agent. Third, in practice, the exclusive distributor also signed an exclusive sales agreement with a number of exclusive dealers have also occurred, and in the commercial capital and industrial capital penetrate today, some exclusive distributors signed an exclusive sales agreement while its production and sales of competing products or alternative products; and agents often subject to the same restrictions prohibited not for yourlf, or third people with similar business agent business competition.
Similarly, exclusive sales in the exclusive distributor for its own interests and business activities, which is different from the broker brokerage agreement. It is different from the intermediary in the intermediary agreement becau it is not
an opportunity for the sole distributor to report the contract or to provide the intermediary rvices for
tarthe conclusion of the contract.
The role of editing exclusive salesprent是什么意思
In 1964, Consten of France and Germany Gr ndig Co. v. Commission ca shows that the exclusive sales agreement has obvious economic benefits. First of all, this kind of agreement can improve the circulation of commodities. Becau once entered into this agreement, producers in a country or a region of the market sales to a fixed enterpri, which not only enables the manufacturer with many vendors will no longer need to negotiate trading conditions of every hue, which can be overcome in multinational sales becau of language, legal or other differences due to the difficulty, but also can reduce the transaction costs, which is conducive to promoting the circulation of commodities and international trade. For small and medium manufacturing enterpris, the conclusion of an exclusive sales agreement is often an effective and sometimes only way to enter a market or participate in market competition.
中国合伙人票房Exclusive sales agreements also help to expand the sale of goods. Becau according to such an agreement, the agreement products in a region only one enterpri for sale, the ller's profit is entirely dependent on his sales of this product. In this ca, ller will try to carry out market rearc
h, take various positive measures to expand sales, such as advertising, undertake customer rvice rvice or by other means of promotion, the results will not only increa the retailer's revenue, but also to expand production and increa revenue for
