Importing from from Sri Lanka - Writing up a contract.

[smithster1]

I may be partnering with a company in Sri Lanka, importing their brand / products to the UK. I would act as a distributor of their products, with the aim to get said products stocked in retailers etc.
I want to act as a limitd company and have sole right to their brand / product in the UK. Should I be successful with getting these products into stores I want to continue to manage and grow the brand and ultimately reap the rewards of a successful in-demand brand.

I need a contract in place that covers all of my needs and requiremnts. What is the best way to go about this? Would it be a costly endevour with solicitors? Where else should I be looking to get a contract that protects me and my business.

 

[WaveJumper]

It its their brand are you sure you won't be having to sign their contract and not the other way round, in which case I would suggest there is going to be a lot of negotiation over the detail.

 

[smithster1]

It its their brand are you sure you won't be having to sign their contract and not the other way round, in which case I would suggest there is going to be a lot of negotiation over the detail.

Yes good point.
We are having a lengthy phone call tomorrow, but before we commence I will plan to fly to Sri Lanka for a much needed break and of course meet the team and go into detail.

So under these circumstances I would not be the one to produce a contract? I would simply list points on their contract and then we both sign etc.
Would it be legally binding or simply just for effect. As in business between SL and the UK.

 

[Chris Ashdown]

Don't be daft pay the money for a solicitor to check the contract and also check how legal it is in Sri Lankar. You dont want to spend money marketing it in the UK only to find out later they are selling direct to others

 

[WaveJumper]

And their contract will probably say "governed by Sri Lanker law" so as above get some proper legal advice.

 

[smithster1]

Is there any kind of special contract solicitors or just any solicitors will dal with this stuff?

 

[MikeJ]

Don't be daft pay the money for a solicitor to check the contract and also check how legal it is in Sri Lankar. You dont want to spend money marketing it in the UK only to find out later they are selling direct to others

Also consider what you're going to do if they break the agreement. Are you really going to go to a Sri Lankan court to sue them?

Doesn't mean you shouldn't go ahead, but accept that the contract is one sided.

 

[Sui Generis]

Not sure if you managed to resolve this. What you might need is a sole distributor agreement. Either party can come up with a draft, with the finer terms subject to agreement. As Chris says above, it's absolutely important to agree on applicable law and jurisdiction in the event of disputes. We offer assistance in this type of stuff, business and legal compliance advice for small enterprises at affordable rates.

 

[Paul Kelly ICHYB]

You could create a UK side of the agreement stating that you are sole importer distributor in the UK.

Technically, this would allow you to get imports by other compnanies blocked, however, enforcing it is a very different matter.

 

[smithster1]

Not sure if you managed to resolve this. What you might need is a sole distributor agreement. Either party can come up with a draft, with the finer terms subject to agreement. As Chris says above, it's absolutely important to agree on applicable law and jurisdiction in the event of disputes. We offer assistance in this type of stuff, business and legal compliance advice for small enterprises at affordable rates.

Thanks. I am about to sign and send this week as it happens, but I have first sent of some changes that need to be added. It sems straight forward but as with anything there's always hidden complications.