Drafting Distribution Agreements in Switzerland

Drafting Distribution Agreements in Switzerland

Updated on Friday 22nd July 2016

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Drafting-Distribution-Agreements-in-Switzerland.jpgThe distribution agreements in Switzerland are signed when two parties enter into a commercial contract, in which one party – the supplier, grants the right to the other party – the distributor, to distribute the products and services of the first party. This type of agreement has many regulations that must be respected by those entering into a commercial agreement. The document stipulates the ways in which the distributor can resell the products which are the object of the contract, the price range in which the procedure can be performed, the ways in which the agreement can terminate and many others. Our team of Swiss lawyers can provide legal assistance to those who are interested to draft a distribution agreement in Switzerland

Definition of the distribution agreement, under the Swiss law  

The distribution agreement, as prescribed by the Swiss law, refers to a contract in which the distributor, who can be a natural person or a legal entity, has to buy the products of the supplier and resell them in specific conditions, as prescribed by the provision of the document
It is important to know that the Swiss law does not provide a clear legislation for the distribution contracts, but this is a common aspect available in other jurisdictions as well; our team of Swiss lawyers can offer more details in this sense. 


The main aspects of the Swiss distribution agreement 

As mentioned above, the distribution agreement does not fall under the regulations of a specific law, but it does have to respect the combined legislation of the sales contract, commercial contract and mandate agreement
In Switzerland, the parties are allowed to freely establish the grounds of the referring to the exclusivity or non-exclusivity clause, a regulation which is not available in the European Union’s member states.  As such, the Swiss law states that a distributor can have the exclusivity rights over the distribution of various products. 
Businessmen interested in drafting a distribution agreement in Switzerland can address to our Swiss law firm for legal representation or advice on this matter.