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Legal AgreementsIndemnity & Compensation

Purchasing Agents Agreement

This template outlines the terms and conditions between a company and its purchasing agents, detailing their roles, responsibilities, and compensation. It is used when engaging individuals or entities to procure goods or services on behalf of the company.

Updated 15d ago
purchasing agentagreementcontractprocurementcommissionindemnityterms and conditions

{{company_name}}

{{company_address}}

Phone: {{phone}}

Email: {{email}}

Website: {{website}}

PURCHASING AGENT AGREEMENT

This Purchasing Agent Agreement ("Agreement") is made and entered into as of {{date}} by and between:

{{company_name}}, a company duly organized and existing under the laws of {{country}}, with its principal place of business located at {{company_address}} (hereinafter referred to as "the Company"),

AND

{{agent_name}}, an individual/company duly organized and existing under the laws of {{country}}, with its principal place of business/residence located at {{agent_address}} (hereinafter referred to as "the Agent").

1. APPOINTMENT AND SCOPE OF AGENCY

1.1 The Company hereby appoints the Agent as its non-exclusive purchasing agent for the purpose of sourcing and procuring goods/services as specified in Appendix A (hereinafter referred to as "the Goods/Services").

1.2 The Agent agrees to use its best efforts to source the Goods/Services at the most competitive prices and favorable terms available in the market, in accordance with the Company's specifications and instructions.

1.3 The Agent shall not enter into any contract or make any commitments on behalf of the Company without the prior written consent of the Company.

2. DUTIES AND RESPONSIBILITIES OF THE AGENT

2.1 The Agent shall diligently and faithfully perform its duties, exercising reasonable care, skill, and judgment.

2.2 The Agent shall provide to the Company regular reports on markets, suppliers, and prices for the Goods/Services.

2.3 The Agent shall maintain proper records of all transactions, including invoices, receipts, and correspondence, and provide these to the Company upon request.

2.4 The Agent shall promptly notify the Company of any issues or delays in procurement or delivery of the Goods/Services.

3. COMPENSATION

3.1 In consideration for the services rendered, the Company shall pay the Agent a commission of {{commission_percentage}}% of the net purchase price of the Goods/Services successfully procured by the Agent and accepted by the Company.

3.2 The commission shall be calculated on the invoiced value of the Goods/Services, excluding any taxes, duties, or shipping costs.

3.3 Payment of commission shall be made within {{payment_days}} days of the Company's receipt and acceptance of the Goods/Services and a valid invoice from the Agent.

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

4. EXPENSES

4.1 The Agent shall be responsible for all its own operating expenses. Any extraordinary expenses incurred by the Agent on behalf of the Company must be pre-approved in writing by the Company and will be reimbursed upon presentation of valid receipts.

4.2 The Company shall not be responsible for any taxes, social security contributions, or other statutory payments due by the Agent in relation to its activities under this Agreement.

5. INDEMNITY

5.1 The Agent shall indemnify and hold harmless the Company from and against any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable attorney's fees) arising out of or in connection with any breach of this Agreement by the Agent, or any negligent or wrongful act or omission of the Agent in the performance of its duties.

5.2 The Company shall not be held liable for any loss or damage incurred by the Agent arising from the performance of its duties under this Agreement, except in cases of gross negligence or willful misconduct by the Company.

6. TERM AND TERMINATION

6.1 This Agreement shall commence on {{start_date}} and shall continue until terminated by either party upon {{notice_period}} days' written notice to the other party.

6.2 Either party may terminate this Agreement immediately upon written notice if the other party breaches any material term of this Agreement and fails to cure such breach within {{cure_period}} days after receipt of written notice thereof.

6.3 Upon termination, the Agent shall promptly deliver to the Company all property, documents, and records belonging to the Company and shall cease to represent itself as an agent of the Company.

7. CONFIDENTIALITY

7.1 The Agent agrees to keep confidential all non-public information, trade secrets, and business strategies of the Company learned during the course of this Agreement.

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

8. GOVERNING LAW AND DISPUTE RESOLUTION

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

8.2 Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration under the rules of {{arbitration_body}} in {{arbitration_city}}, {{country}}.

9. ENTIRE AGREEMENT

9.1 This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, and negotiations, whether written or oral.

9.2 No modification or amendment of this Agreement shall be effective unless in writing and signed by both parties.

SIGNATURES

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

FOR THE COMPANY:

Signature: _________________________

Name: {{company_representative_name}}

Title: {{company_representative_title}}

Date: _________________________

FOR THE AGENT:

Signature: _________________________

Name: {{agent_representative_name}}

Title: {{agent_representative_title}}

Date: _________________________

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