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Kimbrough & Associés

Paris, France


Our firm deals with various players in the automotive industry, in particular with automobile manufacturers, automobile parts manufacturers, distribution networks and subcontracting manufacturing of components, in Western and Eastern Europe, Asia, Africa and North America.

Examples of Matters relating to the Automotive Industry :

  • Representation before French Courts of a European gearbox manufacturer sued for product liability by the end user of a crane, involving analysis of the respective responsibilities of the crane manufacturer, the distributor, the repairman, and the end user.
  • Negotiation and drafting of an exclusive distribution agreement for the manufacturer of a wide range of hydraulic valves and parts for internal combustion engines.
  • Representation of a French distribution company in connection with the premature termination of an international commercial agency agreement for distribution of automobile parts in Iran.
  • Advice to client in connection with the organization of its auction of industrial equipment on a site on which it had stopped production, including review of the mandate given to its international consultants for the sale of industrial equipment in view of proceeding to the auction of such equipment and its removal following the sale.
  • Review of a distribution agreement between Belgian and French distributors relating to the sale of reconditioned mechanical and electrical automobile parts.
  • Defense of client against claims that distributor had exclusive right to distribute products in Jordan and that the distributor benefited from an unwritten agreement for a volume discount, and negotiation of a settlement agreement and a revised exclusive distribution agreement.
  • Drafting modifications to the exclusive commercial agency agreement for Nigeria.
  • Drafting a subcontract to chrome plate piston rings.
  • Negotiation of a settlement agreement in view of claims that client failed to timely fulfill accepted orders for equipment to be integrated into industrial tractors for sale to purchaser's Chinese client.
  • Drafting a commercial agency agreement for distribution of specified engine parts in Iran subject to a reserved list of pre-existing clients.
  • Participation in lengthy negotiations over the termination of a several-decade-old contractual relationship which had begun with an agreement for the transfer of technology relating to the construction of a piston-manufacturing plant in Morocco, involving the drafting of various agreements including the sale of a trademark and a related first demand bank guarantee, interrelated non-competition undertakings, and the cross-supply of engine parts.
  • Representation of an automotive parts distributor in connection with the reorganization of its international distribution network following its acquisition of a major parts distributor, involving in particular, the analysis of existing obligations to another company, determination and implementation of the strategy to terminate the pre-existing agreements and defense of claims based on refusal to sell.
  • Advice to an automotive parts manufacturer in connection with its planned termination of its commercial agent in Turkey in the absence of any writing except an unsigned draft agreement.
  • Drafting of an R & D agreement for hardening steel with carbon by use of laser diodes applied to treatment of piston ring lips.
  • Advice in connection with service agreements pursuant to which a French and a Polish company are to develop business activities in Russia and other republics of the former USSR.
  • Defense of client before a court-appointed expert in relation to claims by the group purchasing entity (centrale d'achat) regrouping wholesale dealers in automobile spare parts, against claims that client had sold directly to member wholesalers without passing through the grouped purchasing entity and related claims regarding applicable discounts, demands for communication of applicable general sales conditions, obligation to sell, abuse of a dominant position, and negotiation of a settlement agreement.
  • Analysis of the client's rights and obligations in connection with the delivery to Dubai of an equipment order with a stipulated prohibition on sales to the Maghreb region, upon a violation by the purchaser who subsequently shipped to the Maghreb.
  • Advice to client in connection with the termination of its order for an industrial plane-rectifying machine in view of excessive delays in delivery.
  • Negotiation and drafting of agreements with the Greek commercial agent for a French automobile parts distributing company, including analysis of the respective benefits and inconveniences of structuring the relationship as a salaried or independent relationship, involving issues such as permanent establishment of the French client and the various risks of conducting transactions before determining the legal nature of the relationship.
  • Negotiating and drafting an agreement for development and supply of engine parts for Formula 1 with a French automobile constructor involving tight confidentiality obligations.