Establishing and maintaining a successful distribution, agency or franchise network requires solid legal knowledge and experience. Guldemond Advocaten’s lawyers assist suppliers as well as distributors, commercial agents and franchisees in entering into, executing and terminating their commercial relationships. Our specialists combine in-depth knowledge of commercial law with a practical approach that suits your business.

Agency Law

In agency, a commercial agent mediates the conclusion of contracts between his principal and potential customers. In doing so, the commercial agent acts on behalf and in the name of the principal. Agency law has many mandatory provisions that protect the commercial agent, for example in the event of termination of the relationship. Our lawyers advise both parties on their rights and obligations and assist them in disputes.

Distribution right

Unlike agency, a distributor purchases products for its own account and risk and then resells them. Nevertheless, after years of cooperation, a distributor can sometimes claim protection similar to that of a commercial agent. The attorneys at Guldemond Advocaten have extensive experience with distribution law issues and will help you draft watertight distribution agreements.

Franchise Law

Since January 1, 2021, the Netherlands has had the Franchise Act, which gives franchisors and franchisees new rights and obligations. Among other things, this law sets requirements for the pre-contractual exchange of information and how franchise formulas can be adapted. We advise both parties on the application of this law and assist in drafting franchise agreements that meet all legal requirements.

What can you turn to Guldemond Advocaten for?

We offer advice and legal assistance for:

• Drafting and reviewing agency, distribution and franchise agreements;
• Negotiating new collaborations or contract modifications;
• Calculating goodwill and customer fees;
• Litigation over exclusivity and non-compete agreements;
• The termination of trade relations;
• International commercial contracts and cross-border disputes;
• Issues of selective distribution and antitrust law;
• Conflicts over sales targets and minimum purchases.

Practical support for your business

Whether you are starting out with a new business relationship or have been working with your partners for years, our lawyers will think through the legal aspects of your business with you. We have experience in a variety of industries and understand the commercial interests involved in trading relationships. In doing so, we take into account:

• Protecting your intellectual property;
• The distribution of commercial risks;
• The distribution of commercial risks;Competition law compliance;
• Territorial agreements and online sales;
• Protecting business-sensitive information.

International trade

Many of our clients are active in international trade relations. Our lawyers are familiar with international regulations such as the Vienna Sales Convention and have an extensive network of foreign law firms. This enables us to provide you with optimal support even in cross-border transactions and disputes.

Contact

We believe in preventing disputes by clear agreements in advance. Does a conflict arise anyway? If so, please contact Guldemond Advocaten.