פסקי דין

עא 442/85 משה זוהר ושות' נ' מעבדות טרבנול בע"מ, פ"ד מד(3) 661 - חלק 11

11 יולי 1990
הדפסה

--- סוף עמוד 678 ---

Their principals, and if they are brokers their principals contract if they are commission agents they are entitled to be indemnified by Of another person, and therefore takes the form of a salary, a lump sum economically on the fact that they have simply made contracts on behalf directly with the other contracting party. Their remuneration is based .or a percentage commission The whole of the business risk of the contracts they enter into. On the by contrast, distributors act on their own acount, and therefore carry ,other hand, they have continuing relationships with another person ,with the main distributor from whom they obtain their supplies. Namely, the manufacturer whose goods they distribute, or in some cases They are also related to the commercial representative, because distinction that they themselves bear the business risks of dealing in distributors are accordingly related to the commission agent, with the .goods Whose distributors they are, but unlike commercial they deal as they promote the brand name or the range of products of the manufacturer As principals and not as agents of the manufacturer. Unlike ordinary principals representatives they resell the products in which they deal Manufacturer, a special relationship is created between them. On a continuing basis, and because of their dependence on the dealers, distributors buy and resell the products of the manufacturer , in essence, that the seller, a united kingdom manufacturer or merchant, sole distribution agreements, as customary in the export trade, provide Grants the buyer, an overseas merchant, sole trading rights within a Buyer undertakes to rely upon the seller as the sole source of supply particular territory with respect to goods of a specified kind while the

". Whenever desirous of buying goods of the specified kind in great britain וכן הגדרות בגרמניה, שוויץ, צרפת ובלגיה אצל ,vorbrugg and mahler, supra An introduction to the german law on agents and" , e. J. Cohn;611- 608british institute of international comperative law at"sole distributors J. Guyenot, the french law of agency; 20( 1964,. 3special publication no) termination", j. Sales; 220( 1976,london) and distributorship agreements , 741(1983) int'l lawyer 17"termination of sales agents and distributors in of sales agents and distributors in france" ,. T.w. simons jr; 742

עמוד הקודם1...1011
12...41עמוד הבא