Distributor

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📖 Detailed Explanation

A distributor is an intermediary that signs a distribution agreement with an exporter, buys goods outright in its own name for a specific territory or market, and resells them to downstream customers, bearing its own profits and losses. Its core features are: outright purchase of goods, ownership, assumption of sales risk, and usually exclusive or non-exclusive distribution rights. Usage scenario: when an exporter wants to enter an overseas market quickly and reduce direct selling costs, it often chooses a local distributor. Points to note: the agreement should clearly specify the distribution territory, term, minimum purchase quantity, price terms, intellectual property protection, non-compete clauses, etc.; also note the difference from an 'agent'—an agent does not buy the goods outright, only represents the exporter to facilitate transactions and earns a commission, and does not bear sales risk. Compared with a 'reseller,' a distributor emphasizes a longer-term contractual relationship with the supplier, while a reseller broadly refers to any intermediary resale link. In addition, a distributor may request exclusive rights, and the exporter should assess its market coverage capacity to avoid restricting other channels due to exclusive clauses.

📝 Examples

1. We signed an exclusive distribution agreement with a German distributor, stipulating a minimum annual purchase amount of EUR 500,000 and making it responsible for promoting our products in Germany, Austria, and Switzerland. (Note: specifying the territory and minimum purchase quantity in an exclusive distribution agreement is a common foreign trade clause.) 2. Since the distributor bought the goods outright, the risk of unsold inventory is borne by it, and we only need to deliver the goods according to the contract. (Note: this emphasizes the distributor's characteristics of buying outright and bearing its own profits and losses, in contrast to the agent's commission model.)

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