Distributor Agreement (Distributorship Agreement) In the list of national trade regulations, Regulation of the Minister of Trade No. 11 / M-DAG / PER / 3/2006 is one of the lex for a Distributor Agreement (Distributorship Agreement). Regulation of the Minister of the set of rules and procedures for the issuance of Registration Agent or Distributor of goods and / or services. According to Article 4, Distributor or Sole Distributor appointment may be made by the Principal Manufacturer, Principal Principal Manufacturer Supplier based approval, PMA, as well as representative offices of foreign trade companies.
Still according Peppermint, Distributors is a national trading company acting for and on its own, the scope of which includes the purchase, storage, sale, and marketing of goods or services. This is different from acting as an intermediary agent for and on behalf of the Principal. Because Distributor move on its own, then the Principal Distributor and have a similar contractual relationship and is not an employment relationship.
Legal basis Distributor Agreement
The relationship between Principal and Distributor usually done with a Distributor Agreement (Distributorship Agreement). Like the agreement in general, the Distributor Agreement is subject to the Code Civil (Civil Code), especially Book III of Engagement. In addition to regulating the treaty named (nominaat), Book III also applies to agreements that nameless (innominaat). Nominaat agreement has been regulated separately in Book III BW, such as a lease. Innominaat agreement, because it is not specifically regulated in the Civil Code, then the agreement but to follow the general rules (lex generalis) concerning an agreement in Book III of the Civil Code is also subject to regulatory especially (lex). Special regulations that are usually technical and practical, for example CANDY No. 11 / M-DAG / PER / 3/2006 regulating the Distributor and Agency.
Understanding some of the terms According to Regulation No. 11 / M-DAG / PER / 3/2006
Principal is an individual or business entity that is a legal entity or non-legal entity abroad or in domestic appoint an agent or distributor to sell goods and / or services that are owned / controlled. Principals are divided into the principal producer and the principal supplier.
Principal Producer is an individual or business entity that is a legal entity or non-legal entity, status as a manufacturer designate other entities as agents, sole agents, distributors or sole distributors to execute the sale of manufactured goods and / or services that are owned / controlled.
Principal Supplier is an individual or business entity that is a legal entity or non-legal entity designated by the principal manufacturers to designate other entities as agents, sole agent, distributor or sole distributor according to the authority given by the principal producers.
Exclusive rights are privileges granted by the principal to the national trading company as a single agent or sole distributor.
Single Agent is a national trading company exclusive rights of the principal under the agreement as the sole agent in Indonesia or certain marketing areas.
Sole Distributor is a national trading company exclusive rights of the principal under the agreement as the sole distributor in Indonesia or certain marketing areas.
Kami memiliki ribuan distributor dan subdistributor yang tersebar di seluruh Indonesia, jadilah bagian dari keluarga kami.