( WILLINGNESS TO PERFORM PARTICULAR SALES PROMOTION AND MARKETING SERVICES ) . APPOINTED DEALERS ARE PROHIBITED FROM SELLING GOODS COVERED BY THEIR AGREEMENT TO DEALERS OUTSIDE THE SABA SYSTEM .
4 . THE LEGAL BASIS FOR THE SABA DISTRIBUTION SYSTEM IS PROVIDED BY STANDARD AGREEMENTS CONCLUDED BY THE MANUFACTURER WITH SELECTED DEALERS AT THE VARIOUS LEVELS OF DISTRIBUTION , I.E . SABA WHOLESALERS , SABA SOLE DISTRIBUTORS AND SABA SPECIALIST RETAILERS .
THE CONTENT OF THE AGREEMENTS VARIES ACCORDING TO LEVEL OF DISTRIBUTION , BUT TAKEN TOGETHER THEY CONSTITUTE A UNIFIED SYSTEM . THERE ARE , FURTHERMORE , CLAUSES WHICH ARE IDENTICAL FOR DEALERS AT ALL LEVELS OF DISTRIBUTION .
5 . WHOLESALERS IN THE FEDERAL REPUBLIC OF GERMANY AND WEST BERLIN SIGN THE " AGREEMENT FOR SABA WHOLESALERS IN THE EEC " AND THE STANDARD FORM COOPERATION AGREEMENT . THE " AGREEMENT FOR SABA WHOLESALERS IN THE EEC " CONSISTS ESSENTIALLY OF PROVISIONS GOVERNING THE DISTRIBUTION CHANNELS TO BE FOLLOWED WHEN RESELLING SABA EQUIPMENT IN THE COMMUNITY ( EEC DISTRIBUTION AGREEMENT ) .
THE STANDARD COOPERATION AGREEMENT PRESCRIBES THE DETAILS OF COOPERATION BETWEEN SABA AND ITS WHOLESALERS ( SEE PARAGRAPH 14 BELOW ) .
6 . LEGAL RELATIONSHIPS BETWEEN SABA AND ITS NONSUBSIDIARY SOLE DISTRIBUTORS IN THE INDIVIDUAL MEMBER STATES OF THE COMMUNITY ARE GOVERNED BY THE STANDARD SOLE DISTRIBUTORSHIP AGREEMENT . THE AGREEMENT FOR SABA WHOLESALERS IN THE EEC IS ALSO APPLICABLE .
7 . ALL SABA SPECIALIST RETAILERS IN THE COMMUNITY SIGN THE AGREEMENT FOR SABA SPECIALIST RETAILERS IN THE EEC . THIS AGREEMENT PRESCRIBES THE CONDITIONS TO BE MET BY ANY FIRM SEEKING APPOINTMENT AS A RETAILER OF SABA EQUIPMENT , DETERMINES DISTRIBUTION CHANNELS FOR RESALE IN THE COMMUNITY ( EEC DISTRIBUTION AGREEMENT ) AND ESTABLISHES THE OBLIGATIONS OF RETAILERS WITH RESPECT TO SALES AND PROMOTION .
8 . SABA WHOLESALERS AND SPECIALIST RETAILERS IN THE FEDERAL REPUBLIC OF GERMANY ARE IN ADDITION SUBJECT TO THE " DISTRIBUTION AGREEMENT FOR SABA WHOLESALERS " AND THE " DISTRIBUTION AGREEMENT FOR SABA SPECIALIST RETAILERS " . THE PROVISIONS OF THESE AGREEMENTS LARGELY CORRESPOND TO THOSE OF THE EEC AGREEMENTS . THE DISTRIBUTION AGREEMENT FOR SABA WHOLESALERS DEMARCATES THE FUNCTIONS AND RESPONSIBILITIES OF GERMAN WHOLESALERS AND SPECIALIST RETAILERS . THE " CONDITIONS OF SALE FOR THE DOMESTIC MARKET " APPLY ONLY TO THE FEDERAL REPUBLIC OF GERMANY AND WEST BERLIN . THESE CONDITIONS APPLY TO ALL TRADE WITH SABA ; THEY COVER THE TERMS OF SUPPLY , PRICES , INSURANCE , TRANSFER OF RISK , CONDITIONS OF PAYMENT , COMPLAINTS , RIGHT TO WITHDRAW AN ORDER , EXCLUSION OF OTHER CLAIMS IN RESPECT OF LOSS , ARRANGEMENTS FOR THE RETENTION OF OWNERSHIP IN THE GOODS SUPPLIED , PLACE AND CONDITIONS OF DELIVERY .
9 . THE FOLLOWING RULES GOVERN THE APPOINTMENT OF SABA WHOLESALERS :
SABA HAS INFORMED THE COMMISSION THAT IN PRINCIPLE IT IS WILLING TO SUPPLY ANY WHOLESALER IN THE FEDERAL REPUBLIC OF GERMANY OR WEST BERLIN WHO :
( A ) KEEPS A SPECIFIED SHOP ,