Authorised dealer
Authorised dealers are distributors who meet certain quality criteria [1]:
- have an exclusive shop,
- have an adequate experience,
- have qualified staff
- generate a certain turnover
- which have been accepted by the supplier.
Dealer A dealer is a person who acts as an intermediary in buying and selling transactions [2].
Authorisation
Authorisation is a process that allows you to decide what data can be accessed by a user and what actions can be performed. Authorization is connected with granting rights to individual users. Authorisation is granted by manufacturers, e.g. automotive corporations [3].
Obligations under the authorization
An authorised dealer should:
- have the technical facilities, spare parts, consumables and consumables specified by the manufacturer,
- have servicing instructions for the product, specified by the manufacturer, in a manner that is comprehensible to the persons employed, and appropriate procedures and instructions for carrying out the activities as described above,
- employ persons with qualifications and professional experience specified by the manufacturer [4].
The Authorised Dealer is obliged to ensure that, while the product is under the responsibility of the manufacturer, storage and transport conditions do not impair its compliance with the requirements set out in the content of the authorisation contract [5].
Authorisation agreement
The authorization agreement shall specify:
- conditions of use and distribution of devices, including requirements concerning users' qualifications,
- conditions of installation and servicing, including requirements concerning technical equipment of entities and qualifications of their employees performing these activities, safety of users and third parties, intended use and function of the products and risks related to their use [6].
Dealer's obligations in relation to the surrender of goods
The Authorised Dealer is obliged to deliver to the purchaser without delay, within 30 days from the date of conclusion of the contract, unless otherwise stated in the contract. In the event of a delay, the buyer may indicate an additional deadline for the delivery of the goods. If the goods are still not released after this period, the buyer has the right to withdraw from the contract [7].
If it is necessary to send the sold goods, it is assumed that the item was handed over at the moment of entrusting it to the transport carrier. The purchaser is obliged to pay upon arrival of the goods at their destination and after checking the goods (their completeness and inviolability)[8].
Before concluding the contract, the Authorised Dealer must inform the purchaser of the legal and factual relationship with the object of sale. The information provided must be clear and understandable to enable full use of the subject matter of the transaction [9]. Particular attention should be paid to: type of goods, identification of the manufacturer or importer, safety mark, approval data in the country, energy intensity and other data highlighted in the regulations [10].
Once the contract has been concluded, the Authorised Dealer is obliged to issue the related documents. If the proper use of the goods (in accordance with their intended use) so requires, the buyer must be given instructions and explain how to use the goods. The seller must enable the buyer, at the place where the transaction was concluded, to select the goods, check the quality, completeness and functioning of the main mechanisms and components [11].
| Authorised dealer — recommended articles |
| Certificate of conformance — Purchase agreement — Bill of lading — Customs clearance agent — Ultimate consignee — Contract of affreightment — Consumer rights — Purchase specification — Confirmed letter of credit |
References
- Bodisch G. R., (May 2009). Economic Effects of State Bans on Direct Manufacturer Sales to Car Buyers . Economic Analysis Group Gompetition Advocacy Paper, pp 1-4
- Brack K.,(1999, March). A Direct Hit on Distribution.. Industrial Distribution, pp 10-11
- Caffey A. A. (2000, June). Different Worlds How to choose between a franchise and a business opportunity Entrepreneur. pp 3-4
- Gibbs A., (2000, September)How to Sell Your Product. Entrepreneur. New York.
- Hidalgo A., (2012, December) The Franchise as a Development tool.]
- Peterson D. D., (2000), In the Beginning. Doors and Hardware. Youngstown State University, pp 12-14
- Pressman A. L., Tractenberg C.R.,(2000, May). An Introduction to Franchise Law. The Legal Intelligencer. pp 8-10
- Price C., Allen K.,(2008) Tips and Traps for Entrepreneurs. McGraw Hill. pp 3-8
- Distributorships and Dealerships, (2018)
Footnotes
Author: Justyna Wąsiołek
