Distributor's rights
A distributor (D) buys products from a producer (P) and re-sells to customers (see terminology). D will have rights against P as a buyer of wine. The extent of those rights will be determined by the terms of the sale contracts between P and D. There may also be mandatory rights and obligations imposed by whatever national law applies to the sale contracts.
But such rights and obligations are limited to matters connected with the sale and purchase of wine under individual sale contracts. Under English law, if either D and P are to have any other rights or obligations vis-à-vis each other then, in general:
- they must be expressly agreed; or
- they would have to be shown to have become implied terms of the agreement between P and D.
In particular, none of the special protection given to commercial agents by the Commercial Agents Regulations extends to distributors, unless D and P have specifically agreed that the distributor shall have analogous protection. Furthermore, and perhaps surprisingly, it will not ordinarily be implied that ........
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