Reseller Agreement

Telco reseller agreements – legal issues

There are over 800 carriage service providers (CSPs) in Australia. CSPs that do not also have a carrier licence buy network services from carriers. Each network service offered by carriers has its own set of flow down terms that must be passed down into the CSPs end user standard form of service agreement (SFA). In this article, we consider the key legal issues when entering into a reseller agreement with network service providers and the impact on the SFA. [Read more…]

Avoiding liability for resale price maintenance

It was held in Australian Competition and Consumer Commission v Mitsubishi Electric Australia Pty Ltd [2013] FCA 1413 (ACCC v Mitsubishi) that resale price maintenance (RPM) refers broadly to conduct of suppliers in attempting to induce distributors or resellers of their goods not to resell them at a price less than that which is prescribed by the supplier.  Section 48 of the Competition and Consumer Act 2010 (Cth) (Act) states that: [Read more…]

Reseller agreements – order taker or fiduciary

A Reseller Agreement at its most basic is a contract that entitles one party the (Reseller) to sell, market, distribute, or lease a product or service of another (Grantor).  Reseller Agreements can also be called Distribution Agreements. [Read more…]

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