Formalize unique conventions

The formalization of an agreement summarizing the conditions negotiated between supplier and buyer is a legal obligation.  

Article L. 441-3 of the Commercial Code provides that a written agreement concluded between the supplier, with the exception of the suppliers of products mentioned in Article L. 443-2, and the distributor or service provider mentions the reciprocal obligations to which the parties have committed themselves at the end of the commercial negotiation, in compliance with Articles L. 442-1 to L. 442-3.

  This agreement is established either in a single document or in a set formed by a framework contract and implementation contracts. 

Any amendment to the single agreement shall be the subject of a writing that mentions the new element justifying it.  

The single agreement sets, for the purpose of contributing to the determination of the agreed price, the following obligations: 

  1° The conditions of the sale operation of the products or services, including price reductions, and if applicable the types of situation in which and the modalities according to which conditions derogating from the sale operation are likely to be applied; 

  2. Commercial cooperation services, likely to promote the marketing of the supplier’s products or services, that the distributor or service provider renders to it, not falling under the obligations of purchase and sale, specifying the purpose, the expected date, the methods of execution, the remuneration for these services as well as the products or services to which they relate and the overall remuneration relating to all these obligations; 

  3. The other obligations intended to promote the commercial relationship between the supplier and the distributor or service provider, specifying for each the purpose, the expected date and the terms of performance, as well as the remuneration or the overall price reduction relating to all these obligations.  

4. The purpose, date, methods of execution, remuneration and the products to which it relates of any service or obligation under an agreement concluded with a legal entity located outside French territory, with which the distributor is directly or indirectly linked.  

This agreement is concluded for a period of one year, two years or three years, no later than 1 March of the year in which it takes effect or within two months of the starting point of the marketing period of the products or services subject to a particular marketing cycle. When it is concluded for a period of two or three years, it sets the terms under which the agreed price is revised. These modalities may provide for the consideration of one or more available indicators reflecting the evolution of the price of production factors.
  

Our method for writing your unique conventions
 

We use an exhaustive questionnaire to review all the points to be included in the single agreement so that you can express your commercial policy choices and ensure its contractualization in accordance with the law.