Home»Food & Beverage» Five Key Pitfalls in Import Beer Agency Agreements - Have You Fallen into Them?
Basic Framework of Import Beer Agency Agreements
After reviewing over 200 import beer brand cooperation agreements, I found that standardized agency agreements typically includeSeven Core Modules:
Authorization Scope and Geographical Restrictions
Purchase Volume and Price Adjustment Mechanism
Intellectual Property Usage Specifications
Market Promotion Responsibility Allocation
Quality dispute handling process
Agreement Termination Conditions
Governing Law and Dispute Resolution
The Double-edged Sword Effect of Exclusive Agency Clauses
Last year, when handling an agency dispute for a German craft beer, the problem arose fromExclusive Authorization Clause:
Actual Case: The agency mistakenly interpreted Greater China Exclusive Agency as including Hong Kong, Macau, and Taiwan regions, but the contract actually limited it to the mainland market
Pitfall Avoidance Recommendations:
Request a contract appendix with administrative region division maps
Clarify the judgment criteria for e-commerce channel ownership
Agreed automatic coverage mechanism for newly established free trade zones
Dynamic balancing technique for minimum purchase quantities
Based on industry data from 2020-2025, reasonable annual purchase quantities should meet:
Beer types
First-year guaranteed quantity (standard cases)
Second-year growth percentage
Industrial beer
5,000-8,000
15%-25%
Craft Beer
800-1,500
30%-50%
Recommended to add in the agreementMarket fluctuation adjustment clause, for example, when import tariff changes exceed 3%, both parties may renegotiate purchase prices.
Practical points for intellectual property protection
A client was once fined 2 million yuan for unauthorized modification of label designs. These details require special attention:
Chinese back label filing must match the actual usage version
Usage period of promotional materials provided by the brand owner
Copyright declaration standards for social media promotions
Anti-counterfeiting label verification and traceability system
Soft landing plan upon agreement termination
Recommended to supplement in Article 14 of the agreementTransition period clause:
Inventory processing time limit (recommended 90-180 days)
Confidentiality requirements for customer data transfer
After-sales service responsibility transition plan
Disposal of uncompleted orders
Finally, a small tip: request the foreign party to provideTemplate for certificate of origin and sanitary certificateAs contract attachments, this can avoid over 30% of customs clearance disputes. Remember to have legal verify these three key points before signing: acceptability of dispute resolution venue, recognition of arbitration institution, and enforceability of judgments. With these preparations, your beer agency journey will be smoother!