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Joy Dey (Advocate)     18 September 2010

Difference - 'Agency' and 'Distributorship' Agreements

Could anyone please tell me the difference between Agency Agreements and Distributorship Agreement? Some case references would be useful too.

 

Thank you.



Learning

 4 Replies

N.K.Assumi (Advocate)     18 September 2010

An agent is someone who acts on your behalf. Although an agent may arrange a sale, the sale contract will be between you and the customer. An agent may be either an employee or self-employed. A distributor is a customer of yours. The distributor then sells the product on to the distributor's own customers.

Joy Dey (Advocate)     18 September 2010

Thanks Assumi, your note is quite helpful.

However, I was looking for a more specific response, and not a generic one. Do you have any court judgment where this difference has been highlighted?

 

Usually it becomes difficult to ascertain whether an agreement is an agency or distributorship agreement, precisely because the terms tend to overlap into the territory of each other, notwithstanding the terminology of the agreement. I was therefor looking for some clarity on the issue.


Thanks anyway.

N.K.Assumi (Advocate)     18 September 2010

I am yet to find court judgment on that. But i do have some materials on agreement in those subjects and if  interested i can mailed you.

ankit (student)     20 July 2011

Hi Assumi,

even I am also interested to know more about the subject so it would be kind of you to mail me the relevant material and any court judgment.

my mail id is ankit_law@yahoo.com

Thanking you in anticipation.

other member's contribution is also solicited.


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