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Purchasing Agents Agreement

This Purchasing Agents Agreement template is for establishing a formal contract between a company and an individual or entity acting as its purchasing agent. It outlines the scope of work, responsibilities, compensation, and general terms and conditions.

Updated 15d ago
purchasing agentagreementcontractprocurementagent agreementSMEAfrica

{{company_name}}

{{company_address}}

Phone: {{phone}}

Email: {{email}}

Website: {{website}}

PURCHASING AGENT AGREEMENT

This Purchasing Agent Agreement (the “Agreement”) is entered into on this {{day}} day of {{month}}, {{year}}, by and between:

{{company_name}}, a company duly incorporated under the laws of {{country_of_incorporation}}, with its principal place of business at {{company_address}} (hereinafter referred to as the “Company”);

AND

{{agent_name}}, an individual residing at {{agent_address}} / a company duly incorporated under the laws of {{agent_country_of_incorporation}}, with its principal place of business at {{agent_address}} (hereinafter referred to as the “Agent”).

The Company and the Agent shall hereinafter collectively be referred to as the “Parties” and individually as a “Party”.

RECITALS

WHEREAS, the Company is engaged in the business of {{company_business_description}}.

WHEREAS, the Agent possesses expertise and experience in procurement and wishes to provide purchasing agent services to the Company.

NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the Parties agree as follows:

1. APPOINTMENT AND SCOPE OF WORK

1.1. The Company hereby appoints the Agent as its non-exclusive purchasing agent to procure, on behalf of the Company, {{types_of_goods_services}} (hereinafter referred to as “Goods”) from third-party suppliers (hereinafter referred to as “Suppliers”).

1.2. The Agent shall, at the Company’s direction and expense:

a. Identify and recommend suitable Suppliers for the required Goods.

b. Obtain competitive quotes and negotiate prices, terms, and conditions with Suppliers.

c. Prepare and submit purchase orders to Suppliers for approval by the Company.

d. Monitor the delivery schedule and quality of Goods.

e. Act as a liaison between the Company and Suppliers.

f. Provide regular reports on purchasing activities as reasonably requested by the Company.

1.3. The Agent shall not enter into any contracts or incur any liabilities on behalf of the Company without the Company’s prior written approval.

2. DURATION AND TERMINATION

2.1. This Agreement shall commence on {{start_date}} and shall continue until terminated by either Party in accordance with the provisions herein.

2.2. Either Party may terminate this Agreement by giving {{notice_period_days}} days' written notice to the other Party.

2.3. This Agreement may be terminated immediately by either Party if the other Party commits a material breach of this Agreement and fails to remedy such breach within {{cure_period_days}} days of receiving written notice thereof.

3. COMPENSATION

3.1. In consideration for the services rendered by the Agent, the Company shall pay the Agent a commission of {{commission_percentage}}% of the total value of all Goods purchased through the Agent.

3.2. Payments shall be made to the Agent within {{payment_terms_days}} days of the Company’s receipt of invoice from the Agent, accompanied by supporting documentation for the purchased Goods.

3.3. All expenses incurred by the Agent in performing its duties under this Agreement shall be subject to prior written approval by the Company and shall be reimbursed upon submission of valid receipts.

3.4. All payments shall be made in {{currency}}.

4. CONFIDENTIALITY

4.1. The Agent agrees to keep confidential all non-public information, including but not limited to business strategies, pricing, supplier lists, and customer information, obtained during the term of this Agreement.

4.2. This confidentiality obligation shall survive the termination of this Agreement.

5. INDEMNIFICATION

5.1. The Agent agrees to indemnify and hold harmless the Company from and against any and all claims, losses, damages, liabilities, and expenses (including legal fees) arising out of or in connection with the Agent’s negligence, willful misconduct, or breach of this Agreement.

6. GOVERNING LAW AND DISPUTE RESOLUTION

6.1. This Agreement shall be governed by and construed in accordance with the laws of {{country_of_governing_law}}.

6.2. Any dispute arising out of or in connection with this Agreement shall be resolved through negotiation between the Parties. If the Parties are unable to reach a resolution, the dispute shall be submitted to mediation / arbitration in {{city_of_mediation_arbitration}} in accordance with the rules of {{arbitration_institution_name}}.

7. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the Parties and supersedes all prior discussions, negotiations, and agreements, whether oral or written.

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

FOR THE COMPANY:

_____________________________

Name: {{company_signatory_name}}

Title: {{company_signatory_title}}

FOR THE AGENT:

_____________________________

Name: {{agent_signatory_name}}

Title: {{agent_signatory_title}} (if applicable)

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