I think i sent the whole thing to you before but i may not have hilighted the bit i am talking about so am just checking again.
in the recitals at the start of the contract it says " x wishes to appoint y as its non exclusive supplier of z products for the promotion and sale of the products within the territory, as defined below..."
obviously they are x and my company is y (the manufacturer), z is some branded products we make for them to sell.
later in the contract, under sales of the product it says:
"y shall purchase the same or similar products from the manufacturer but shall have the full right to purchase the same or similar products to the products from third parties in the event that the manufacturer fails to honour the agreement and fails to remedy that failure within 28 days"
later still it says under "delivery"
"time of delivery shall be of the essence and if, despite those endeavours, the manufacturer is unable for any reason to fulfil any delivery of the products within 7 days of the specified date, the manufacturer shall be deemed to be in breach of this agreement, "
basically i am happy to sign something that says that we supply and if we mess up and dont remedy failure within 28 days then they can purchase from a 3rd party.
i am confused by bit re 7 days as to me that reads that if we mess up and dont fix it within 7 days the whole agreement is in breach?
yes y is the manufacturer.
does the contract say we are the sole supplier and a 3rd party will only be bought in if we screw up?
this is the key thing as the product we make is new the whole industry was built by myself and although we are getting some copycat companies it is generally quite hard to make. i dont want to be one of 2 suppliers and encourage people to build a business making this product