[Author: Andy Goodman, CEO/President, I-NEDA, 2014 | Keywords: Dealer Relations, Agreements] The Association receives phone calls and e-mails from members and non-members considering taking on new product lines; and from potential suppliers who are interested in establishing a relationship with dealers and distributors. Some of the questions asked indicate a lack of understanding about the relationship and obligations between manufacturers, distributors, dealers and consumers. Of particular concern is the lack of a written contract spelling out the obligations of the parties. Sometimes, the new product lines are from foreign companies who do not have a clear understanding of our state and federal… Read More »
[Source: Ag Industry Watch, 07.06 | Keywords: Dealer Relations, Territory] A recent ruling by the Wisconsin State Supreme Court may cause equipment makers to think twice before arbitrarily reassigning the territories of their dealers. In a case that pitted Harley-Davidson Motor Co. against its Racine, Wis., dealership, the court ruled that territory assignments are an essential part of motor vehicle dealer agreements. In a unanimous ruling, the court reversed a 2nd District Court of Appeals decision that said Harley did nothing wrong when it moved a ZIP code out of Racine Harley-Davidson, Inc.’s territory and assigned it to neighboring Uke’s… Read More »
[Source: FEMA Shortliner, 08.04 | Keywords: Dealer Relations, Agreements] I have been representing manufacturers in their relationships with dealers for more than 20 years. In the course of that work, I have learned a number of lessons regarding how a manufacturer should interact with its dealers. I have boiled these lessons down into ten “best practices” with respect to drafting and using dealer agreements and ten things a manufacturer’s employee should never say to a dealer. My advice on “best practices” with respect to dealer agreements is contained in this article. My advice on what your employees should never say… Read More »