Trade and Distribution
Trade and Distribution
One of Hartmannsberger Franke’s main areas of expertise is trade and distribution. This includes advice on the trade and distribution of products and the resulting liability aspects as well as on purchasing. We optimize the relevant contractual documents, including general terms and conditions, according to the goals of our clients. We support companies in particular in designing, structuring and implementing their distribution systems, whether in Germany, Europe or worldwide, taking into account the regulations of antitrust law and distribution compliance. We are aware of the practical issues in distribution and the questions that arise for compliance departments.
Our expertise in product compliance and product liability also plays a significant role in this context. Various risks can be limited or even eliminated from the outset through forward-looking, smart contract drafting. We know about the relevant product law requirements, pitfalls and risks and how to map them appropriately and efficiently.
Another practical focus of our work is supporting our clients in disputes with their contractual partners – in particular with suppliers, customers and distribution partners. This includes assistance in out-of-court disputes and settlement negotiations as well as litigation in court. Frequent subjects of our activities are, for example, disputes about alleged product defects or an allegedly insufficient certification of products.
Our Services at a Glance
- Drafting of sales and supply agreements and general terms and conditions on the sales side, as well as distribution systems and distribution agreements (authorized dealers, commercial agents, franchisees, commission agents/commission systems), in particular taking into account requirements regarding product compliance and product liability
- Drafting of purchasing agreements and general terms and conditions on the purchasing side, in particular taking into account requirements regarding product compliance and product liability
- Litigation and dispute resolution in commercial and distribution disputes (e.g., disputes with distributors)
- Securing and enforcing recourse claims in the supply chain
- Defence against /settlement of claims for damages from customers or injured parties
- Contract negotiations
- Competition Law on vertical agreements
- Sales compliance