Post by xyz3400 on Feb 20, 2024 5:25:02 GMT
The imposition of goals and an exclusivity pact constitute a distribution contract, even if not formalized. This is because, if the relationship were simply one of commercial purchase and sale, there would be no obligations between the parties. With this understanding, the 3rd Panel of the Superior Court of Justice upheld the award of compensation for material damage to a company that did not comply with a 90-day notice period to break the agreement. Disclosure For Minister Nancy, sales meetings and targets prove that the contract was for distribution The case involves a food distributor who, according to another company, made it comply with standards, achieve sales and customer acquisition targets and determined packages of products to be purchased for resale. In return, it offered an exclusivity pact to operate in certain areas and discounts.
In addition, the distributor also provided bimonthly sales training. “If between the parties there was only a relationship of commercial purchase and sale of products, there would be no obligation to resell the goods on the part of the acquirer, not even justifying meetings to improve sales strategies”, assessed the rapporteur of the process, minister Nancy Andrighi . Recognizing the existence of a distribution contract between Honduras Mobile Number List the parties, the food distributor should have observed the 90-day notice for the breach — in this case, it stopped offering a discount of around 25% on the purchase of food, which caused that the reseller company ceased to carry out the business. With the decision, the ruling of the Court of Justice of Minas Gerais was maintained, condemning the food distributor to pay material compensation in the amount equivalent to the net profit that the appellant would obtain from the resale of the products during the 90-day period of notice.
Once the extended warranty contract with third parties has been concluded by the insurance agent, with receipt of the premiums, on behalf of the insurance company, the latter becomes the representative's creditor, who must transfer the amounts within the stipulated period. "What is really relevant to define whether or not the aforementioned credit is subject to judicial recovery is to assess under what title the insurance representative receives the premium values and under what title these remain in her possession, until, under the contractually agreed terms , must proceed with the transfer to the insurance company", he highlighted. The minister also pointed out that, according to article 645 of the Civil Code, "the deposit of fungible things, in which the depositary undertakes to return objects of the same kind, quality and quantity, will be regulated by the provisions regarding the mutual.
In addition, the distributor also provided bimonthly sales training. “If between the parties there was only a relationship of commercial purchase and sale of products, there would be no obligation to resell the goods on the part of the acquirer, not even justifying meetings to improve sales strategies”, assessed the rapporteur of the process, minister Nancy Andrighi . Recognizing the existence of a distribution contract between Honduras Mobile Number List the parties, the food distributor should have observed the 90-day notice for the breach — in this case, it stopped offering a discount of around 25% on the purchase of food, which caused that the reseller company ceased to carry out the business. With the decision, the ruling of the Court of Justice of Minas Gerais was maintained, condemning the food distributor to pay material compensation in the amount equivalent to the net profit that the appellant would obtain from the resale of the products during the 90-day period of notice.
Once the extended warranty contract with third parties has been concluded by the insurance agent, with receipt of the premiums, on behalf of the insurance company, the latter becomes the representative's creditor, who must transfer the amounts within the stipulated period. "What is really relevant to define whether or not the aforementioned credit is subject to judicial recovery is to assess under what title the insurance representative receives the premium values and under what title these remain in her possession, until, under the contractually agreed terms , must proceed with the transfer to the insurance company", he highlighted. The minister also pointed out that, according to article 645 of the Civil Code, "the deposit of fungible things, in which the depositary undertakes to return objects of the same kind, quality and quantity, will be regulated by the provisions regarding the mutual.