What are the provisions of the termination agreement as a general rule? In particular, termination of the contract is generally possible: – The laws and regulations that govern the contract. It should be noted that cross-border distribution networks increase the risk, because in the event of a dispute (for example. B if the party is not able to make a payment to the other party abroad), it would be much more difficult to impose payment abroad. 11. Does a distributor have an unspoken license to exploit the supplier`s intellectual property rights in carrying out its obligations under the distribution contract? Companies active in this type of cross-border activity need well-structured international distribution agreements. 23. Are special formalities necessary for a distribution agreement to be legally valid and applicable under national law? Note that there is no general concept of standard selling conditions in Russia that could be applied automatically to a contract and unilaterally modified by the supplier. However, the supplier`s standard terms of sale may be included in the distribution contract as a foreclosure. In this case, the terms and conditions of sale can only be changed by mutual agreement between the parties. In the event of a serious infringement, the agreement is deemed terminated from the date of receipt of the refusals written by the other party, unless the notice provides for another consequence, as previously agreed by the parties. If payments are to be made in foreign currency, Russian rules on regulation and exchange control require that the Russian trader have a “transaction passport” with his bank. To prove that payment is legal, local banks may require a copy of the signed distribution contract (Federal Law 173-FZ “On Foreign Exchange Regulation and Control,” December 10, 2003).
The merchant must also provide the bank documents confirming the transaction and acceptance of the products received by the supplier. The instructions of the Bank of Russia No. 3016-U of June 14, 2013 changed certain aspects of the procedure for obtaining the transaction passport (for example. B the specifications of the documents to be provided when applying for a passport). The short answer is – these companies have distribution agreements with Apple. But what is a distribution agreement and why would a simple written or oral agreement not suffice? In accordance with Russian supply contract legislation, it is possible to unilaterally terminate the supply contract in the event of a substantial breach of contract by one of the parties. The infringement is considered substantial only in the following cases (the parties cannot expand the list of grounds): a distribution contract is a commercial contract between a supplier of goods and a distributor of goods.