Customized Distribution Agreement

Customized drafting service of a Distribution Agreement for the Chinese market, prepared by a vetted experienced lawyer

US $2,360

Customized Agreement

Based on your specific needs, a vetted, experienced English-speaking lawyer in China will draft a distribution agreement (in English). It clarifies your and your distributor’s rights and obligations and defines how the agreement should be executed, and ensures each party’s rights will be enforceable against the other in any default party’s home country.

Receive in 5 Business Days

The first draft of the agreement will be delivered to your Trustiics dashboard in 5 business days after you’ve provided the necessary information.

What do you need to do?

When you place the order, you will be asked to complete a form to provide the necessary information for the lawyer to draft the distribution agreement, such as: the parties involved and their information, the subject item(s), such business arrangements as the scope of territory, pricing and payment, confidentiality and other specific rights and obligations you’d like to be addressed by the contract.

What’s included
How it works
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Select service & fill out the information form

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Authorize payment

Authorize payment by credit card & multiple pre-vetted lawyers are notified

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Service in progress

The first responding lawyer gets the job and starts to work. Online chat becomes available

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Job completed

The lawyer delivers the work for the client’s review. Credit card is charged upon acceptance

Service Experts

One of the following vetted lawyers who responds to your request first will get the assignment and provide the service for you

Guangdong, China
stars
5/5
Mary Mao
10+ years of experience
Subject Expertise
  • Corporate
  • International Trade
  • OEM and Supply Chain
  • Commercial Contracts
  • Foreign Direct Investment
  • Joint Ventures
Guangdong, China
stars
5/5
Jay Chen
10+ years of experience
Subject Expertise
  • Contract Negotiation
  • Legal Due Diligence
  • Dispute Resolution
  • Foreign Direct Investment
  • Corporate
  • Employment & Labour
Zhejiang, China
stars
5/5
Jenny (Hongli) Sun
15+ years of experience
Subject Expertise
  • International Trade
  • Foreign Direct Investment
  • Legal Due Diligence
  • Commercial Contracts
  • Commercial Litigation
  • International Arbitration

Legal Q&A

What is a Distribution Agreement in the context of international trade?

A distribution agreement in the context of international trade with China is a commercial contract between you and your Chinese distributor. The agreement will set out the key terms and conditions for the distribution of your products or services in China.

 

The distribution agreement typically outlines the responsibilities and obligations of both parties, including the rights and obligations of the distributor to market, sell, and distribute the products or services in the agreed-upon territory or market segment in China. The agreement also includes provisions for payment terms, delivery and shipping terms, intellectual property rights, warranties, and dispute resolution mechanisms.

What are the typical situations in which I would need a customized distribution agreement for China?

Here are a couple of examples where we suggest having a lawyer qualified in China to draft a customized agreement tailor-made for you:

  • If you plan to distribute your products in China through a distributor, a customized distribution agreement is necessary;
  • If you plan to enter into a joint venture with a Chinese company for the distribution of your products, a customized distribution agreement should be drafted; and
  • If you plan to license intellectual property to a Chinese distributor or licensee, a customized distribution agreement is necessary.

Why do I need a lawyer to draft the Distribution Agreement instead of using a template?

A well-drafted contract should be based on the applicable law to be valid and enforceable against the counterparty. It will help protect your rights and ensure the due performance of the contract is consistent with the market practice and legal requirements. A lawyer is able to customize the contract to make it suitable for your specific situation, taking into consideration the relationship between the parties, your goals, and your interests.

Why do I need a China-qualified lawyer to prepare a distribution agreement with a distributor in China?

If you are doing business with a distributor in China, it is important to have a China-qualified lawyer prepare the distribution agreement. This is because Chinese law has specific regulations and laws that can be different from those of other countries. By using a lawyer who is familiar with Chinese law, you can ensure that the agreement is valid and enforceable against the distributor in case any disputes arise. 

Can I use the Chinese translation of our distribution agreement used in other countries, such as the U.S.?

You can do it if your distribution agreement is governed by U.S. laws. If your agreement is governed by Chinese law, you should have a China-qualified lawyer prepare a customized distribution agreement for you.

 

Even if you and your counterparty agree to use a U.S. law-governed agreement, it is recommended to have a China-qualified lawyer review or translate your agreement to ensure two things: (i) it does not contain anything that is invalid or unenforceable in China; (ii) the accuracy of the translation.

What should we do if the Chinese counterparty insists on signing a distribution agreement drafted by their lawyer?

If your situation does not permit using your own agreement (e.g. the distributor insists on using their version), you should have a Trustiics-vetted lawyer review the agreement to ensure your key business interests are protected. In addition, if your distributor only provides a Chinese language version, you should insist on having it translated by a lawyer or legal translator, and then have your lawyer confirm that the English version and Chinese version are the same. You can find qualified and competent lawyers or legal translators on Trustiics to help you with such a job.

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