Anyone have experience with exclusive distribution rights from Chinese manufacturers?
We are an ex-corporate couple searching for our first business. Relying largely on bank funding secured by our home, so priority has been asset backed businesses. But... an opportunity that ticks the majority of our criteria has come up to acquire extensive 'exclusive' distribution rights for a relatively new product being rolled out to industrial customers which replaces old tech. It has several global leading Tier 1 clients and is internationally certified as a top tier product in its class. But no patent to our knowledge, only contracted distribution agreements, with 10 year terms, but covering extensive territories both domestically and internationally. Most sales are via wholesalers and other industry specific distribution networks. Several competitors have experienced issues and reputational damage, so seems to have a good market position and is hitting contractual milestones. In almost any other jurisdiction I would say this has a fairly strong moat. We have plenty of DD to do on all fronts, and need seller to agree to vendor finance arrangements, but our primary concern is trust and ultimately enforceability. As a lawyer I understand exactly the impossibility of enforcing a contract in China. So the question becomes one of trust. We were bitten by Chinese suppliers almost 15 years ago on a much smaller scale. But I wonder as China has advanced in that time, if things have changed, and rather than relying on their 'word' it is actually possible to rely on their signed agreement? QUESTION: Has anyone had recent/current contracts with China manufacturing/suppliers and what is your experience? What can we do to sure things up? I know a visit and face to face introduction is usually an important step.