Contract – producer's perspective
Should there be a written contract?
It usually makes sense to have one – see should there be a written contract?
Contracts between wine producers and their UK agents or distributors
There could of course be reasons why a producer (P) would prefer not to have a written contract with his UK agent/distributor (A/D). For example:
- P prefers not to specify either the duration of the contract or the notice he must give to terminate it. If English law applies, the contract will usually continue indefinitely, either party having the right to terminate it by giving "reasonable notice" to the other (subject to the fixed periods of notice specified by the Commercial Agency Regulations, where they apply – see notice of termination);
- in what might appear to be a distribution relationship, rather than an agency (see terminology), the absence of anything in writing could enable to P to argue that there is no distribution agreement, as such, and that there has simply been a series of individual sales contracts. If that were right, P might not need to give the distributor any notice of termination at all;
- P prefers not to have any restrictions on what he can or cannot do, either personally or via other agents/distributors;
... and so on.
There might, nevertheless, be provisions P would want A/D to agree to, such as ...................
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