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!