Home»Food & Beverage» Have You Fallen into These Five Key Pitfalls in Imported Beer Agency Agreements?
Basic Framework of Imported Beer Agency Agreement
After reviewing over 200 imported beer brand cooperation agreements, I found that standardized agency agreements typically includeSeven core modules:
Scope of Authorization and Geographic Restrictions
Procurement Volume and Price Adjustment Mechanism
Intellectual Property Usage Guidelines
Division of Responsibilities for Market Promotion
Quality dispute handling process
Termination Conditions of the Agreement
Applicable Law and Dispute Resolution
The Double-Edged Sword Effect of Exclusive Agency Clauses
Last year, I handled an agency dispute involving a certain German craft beer, and the issue arose precisely in...Exclusive Authorization Clause:
Actual case: The agent mistakenly interpreted "exclusive agency for Greater China" as including Hong Kong, Macau, and Taiwan, while the contract actually limited it to the mainland market.
Tips to avoid pitfalls:
Please translate the following Chinese into English:
Request for the administrative division map attached to the contract appendix.
Define clear criteria for determining the attribution of e-commerce channels.
Agree on the automatic coverage mechanism for newly established free trade zones
The Art of Dynamic Balance in Minimum Purchase Quantities
Referencing industry data from 2020-2025, the reasonable annual procurement volume should meet:
Beer types
Minimum guaranteed volume (TEU) in the first year
Growth rate in the following year
Industrial beer
5,000-8,000
15%-25%
Craft Beer
800-1,500
30%-50%
It is recommended to add the following to the agreement:Market Volatility Adjustment Clause, for example, when the import tariff changes by more than 3%, both parties may renegotiate the purchase price.
Practical Key Points of Intellectual Property Protection
A client was once sued for 2 million yuan for unauthorized modification of the wine label design. These details require special attention:
The Chinese back label filing must be consistent with the actual version in use.
The usage period of promotional materials provided by the brand.
Copyright Statement Guidelines for Social Media Promotion
Anti-counterfeiting Label Verification and Traceability System
Soft landing plan upon termination of the agreement
It is recommended to supplement Article 14 of the agreement.Transitional provisions:
Inventory product processing time limit (recommended 90-180 days)
Confidentiality Requirements for Customer Data Handover
After-sales Service Responsibility Transition Plan
Handling of Unfinished Orders
Finally, here's a little tip: ask the foreign party to provide...Template for Certificate of Sanitary OriginAs an appendix to the contract, this can avoid over 30% of customs clearance disputes. Remember to have the legal team verify these three key points before signing: whether the dispute resolution location is acceptable, the recognition of the arbitration institution, and the feasibility of judgment enforcement. With these preparations in place, your journey as a beer agent will be much smoother!