A product supply agreement is an agreement in which a supplier sells products to a business, and specifies the terms for the transactions, including the price, timing, quantities, delivery, shipping, payment terms, exclusivity, return of defective or nonconforming goods, and return of unsold goods. A supplier may be a distributor, wholesaler, dealer, or merchant.
In Delaware, a product supply agreement is a legally binding contract between a supplier and a business that outlines the terms and conditions of the sale and purchase of products. These agreements typically cover various aspects such as pricing, order quantities, delivery schedules, shipping logistics, payment terms, and exclusivity clauses. They may also include provisions for the return of defective or nonconforming goods, as well as the return of unsold goods. Delaware follows the Uniform Commercial Code (UCC), which is a set of laws that provide legal rules and regulations governing commercial or business dealings and transactions, including the sale of goods. The UCC in Delaware would apply to these agreements, ensuring that the rights and obligations of both parties are clearly defined and legally enforceable. It is advisable for businesses to work with an attorney to draft or review a product supply agreement to ensure that it complies with applicable state statutes and federal laws, and that it accurately reflects the intentions of the parties involved.