The dealer, in addition to selling, often performs the functions of a service center that performs warranty and post-warranty repairs of the sold goods. At the same time, goods sold by this dealer, as well as by other dealers and sellers, but produced by one enterprise – supplier under a dealer agreement, are accepted for repair. Relationships for the repair of goods sold by the dealer are divided into two parts: warranty repair and post-warranty repair. Warranty repairs are free of charge to the purchaser of the goods and must be paid to the dealer by the manufacturer. Therefore, a separate repair agreement should be concluded between the dealer and the manufacturer, or the conditions for this should be included in the text of the dealer agreement.
Additional conditions – binding dealer
Not obligatory, but often encountered, are also the conditions for the obligation to supply the manufacturer with raw materials and materials to ensure production. This condition of the dealer agreement is a classic: if you want to get goods cheaper, find cheap raw materials. In addition, it is often easier for a dealer to organize a barter transaction with the condition of obtaining raw materials for the manufacturer and do without payment in cash. There may also be an obligation to credit production, for example, an obligation to purchase goods on an advance payment with shipment of products after a certain period after payment.
Relations with the dealer – a cocktail of conditions and mutual interests
The agreement with the dealer is complex, it intertwines several different types of agreements provided for by law. The dealer agreement, as can be seen from the rights and obligations of the dealer, is a large-scale agreement in all respects, defining many points, but built on the same framework described at the beginning of my material – the dealer is a reseller – a wholesaler acting at his own expense, on his own behalf, at one’s own risk. The imagination of merchants and marketers is inexhaustible, calling everyone dealers and meaning anything by dealer relations – from paid services to commissions and commissions. This is clearly seen in the example of numerous “dealers” – mobile operators, for example, which in fact are not such in the strict sense of the word.