Company Letterhead
{{company_name}}
{{company_address}}
Phone: {{phone}}
Email: {{email}}
Website: {{website}}
Purchasing Agents Agreement
This Purchasing Agents Agreement (the 'Agreement') is made and entered into on this {{day}} day of {{month}}, {{year}}, by and between:
{{company_name}}, a company duly organized and existing under the laws of [Country, e.g., South Africa], with its principal place of business located at {{company_address}} (hereinafter referred to as the 'Company').
AND
{{agent_name}}, an individual residing at {{agent_address}} / a company duly organized and existing under the laws of [Country, e.g., South Africa], with its principal place of business located at {{agent_address}} (hereinafter referred to as the 'Agent').
Collectively referred to as the 'Parties'.
1. Appointment and Scope of Services
1.1 The Company hereby appoints the Agent as its non-exclusive purchasing agent to source and procure goods and/or services as specified in Exhibit A (hereinafter referred to as the 'Goods/Services').
1.2 The Agent agrees to use its best efforts to obtain the most favorable prices, terms, and delivery schedules for the Company.
1.3 The Agent shall act solely on behalf of, and for the benefit of, the Company in all procurement activities under this Agreement.
2. Term and Termination
2.1 This Agreement shall commence on {{start_date}} and shall continue for a period of {{duration_in_months}} months, unless terminated earlier in accordance with the provisions of this Agreement.
2.2 Either Party may terminate this Agreement by providing {{notice_period}} days' written notice to the other Party.
2.3 The Company may terminate this Agreement immediately upon written notice if the Agent breaches any material term of this Agreement.
3. Remuneration and Expenses
3.1 In consideration for the services rendered, the Company shall pay the Agent a commission of {{commission_percentage}}% of the total value of all Goods/Services procured by the Agent on behalf of the Company, or a fixed fee of {{fixed_fee_amount}} (e.g., ZAR).
3.2 The Agent shall be reimbursed for reasonable and pre-approved expenses incurred in the performance of its duties, provided such expenses are supported by original receipts.
3.3 Payments shall be made within {{payment_terms}} days of the Company's receipt of a valid invoice from the Agent.
4. Agent's Responsibilities
4.1 The Agent shall diligently and professionally perform all duties assigned to it under this Agreement.
4.2 The Agent shall maintain accurate records of all procurement activities, including quotations, purchase orders, and delivery notes.
4.3 The Agent shall not enter into any contract or make any commitments on behalf of the Company without the Company's prior written approval.
5. Confidentiality
5.1 The Agent acknowledges that it may have access to confidential information belonging to the Company. The Agent agrees to keep all such information strictly confidential and not to disclose it to any third party without the Company's prior written consent.
5.2 This confidentiality obligation shall survive the termination of this Agreement.
6. Indemnification
6.1 The Agent agrees to indemnify and hold harmless the Company from and against any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or in connection with the Agent's performance of its duties under this Agreement, including any breach of its obligations hereunder.
7. Governing Law and Dispute Resolution
7.1 This Agreement shall be governed by and construed in accordance with the laws of [Country, e.g., South Africa].
7.2 Any dispute arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of [Country, e.g., South Africa].
8. Entire Agreement
8.1 This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior discussions, negotiations, and agreements, whether oral or written.
Signature Block
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.
COMPANY:
_____________________________
By: {{company_authorized_signatory_name}}
Title: {{company_authorized_signatory_title}}
AGENT:
_____________________________
By: {{agent_signature_name}}
Title: {{agent_signature_title}} / Individual
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