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Distribution and trading agreements govern how products get to market, and when they go wrong the effects can reach stock, revenue and customer relationships. Disputes commonly involve exclusivity and territory, minimum purchase targets, pricing and rebates, credit and payment terms, and the termination of a distributor or supplier. Disagreements about which trading terms apply can add to the confusion. We advise suppliers, distributors, wholesalers and retailers across Australia on these disputes.
Our team has deep experience resolving distribution and trading disputes, from reviewing the agreement and trading terms through to negotiation, mediation and court if needed. We assess the commercial relationship and the legal position early and pursue the outcome that best protects our client’s business, whether that means keeping the relationship on better terms or exiting it cleanly. Fixed-fee options are available for defined stages of a matter, and we act nationally from offices in Melbourne, Sydney, Brisbane and Perth.
We review distribution and supply agreements to identify risks and rights before a dispute escalates.
We act where exclusive rights, territories or customer allocations are breached or contested.
We advise on ending, or challenging the end of, a distribution relationship.
We resolve disputes over pricing, rebates, minimum purchases and sales targets.
We advise on which trading terms apply and act on disputes over credit and payment.
We resolve distribution disputes through negotiation and mediation where possible, and litigate when necessary.
A distribution agreement dispute is a disagreement between a supplier and a distributor, wholesaler or reseller about their agreement. Typical issues include exclusivity and territory, sales targets, pricing and rebates, payment, stock and the ending of the relationship.
Allied Legal works out what the agreement actually provides and what each side can fairly expect, so you can resolve the dispute and protect your commercial relationships where possible.
It depends on the agreement. Some contracts allow termination on notice without giving a reason, while others only permit it for specific breaches or after a fixed term. The notice period and any rights to compensation or stock buy-back are usually set out in the agreement.
Allied Legal reviews the termination terms and advises whether a proposed or received termination is valid, and what you may be owed.
First check exactly what rights the agreement gives and how they are defined, since disputes often turn on the wording. Depending on the facts, remedies may include damages, an agreed correction or, in some cases, a court order to stop the conduct.
Allied Legal assesses the breach and the loss it is causing, then pursues the remedy most likely to protect your market position.
Trading terms set out matters such as pricing, credit periods, delivery, returns and late payment. When businesses exchange different sets of terms, it can be unclear which ones apply, and that uncertainty is often at the centre of a dispute.
Allied Legal reviews the documents exchanged and the dealings between the parties to establish which terms apply and how to enforce or defend them.
That depends on what the agreement says. Many agreements deal with unsold stock, ongoing customer support, use of trade marks and a transition period, while others are silent, which can lead to disputes.
Allied Legal advises on your rights and obligations at the end of the relationship and works to secure a clean, commercially sensible exit.
As early as possible, ideally before terminating the agreement, withholding payment or stopping supply. Acting early gives you more options and often resolves the issue before it escalates.
Allied Legal reviews your agreement and the situation promptly and recommends the next steps to protect your business.