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Category: Business Law
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Im an independent distributor selling baked goods for a large

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I'm an independent distributor selling baked goods for a large national bakery. My contract states when I sell my distributorship, the buyback amount is 10 times the average weekly sales over six months. The contract also states corporate can change that at any time, and now they have because my largest account has been lost due to management not visiting them on a regular basis and taking care of them. My contract has a "best effort" clause whereby management is supposed to put forth their best effort to prevent the loss of such accounts. I have only 30 days to notify corporate if I believe this clause has been breached. My chain store district manager is willing to go on the record with a statement that management dropped the ball. Would it be something worth pursuing? I'm ready to sell out my distributorship. Without that chain store, I'm losing around $20K. I feel management is liable.
Hello and thank you for your question. What do you want to accomplish?
Customer: replied 6 years ago.
I'd like to be compensated for the loss of equity in the chain and/or loss of income. Since I was not at fault for losing the account (I serviced only one store, and the account corporate held contained 45 stores that they ultimately lost), I feel they were in breach by not putting forth their "best efforts" to maintain that account. I have mid-management from the chain willing to come forth with statements on my behalf to the effect that our management did not maintain their account which lead to the loss.
How much are your damages?
Customer: replied 6 years ago.
The loss in equity is approximately $17,000.00. On average the store has sales of $1700 per week.
Consider having a lawyer negotiate for such compensation and improved terms, and then if needed commence a lawsuit.
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