This purchasing agents agreement template has 7 pages and is a MS Word file type listed under our sales & marketing documents.
Sample of our purchasing agents agreement template:
PURCHASING AGENTS AGREEMENT This Purchasing Agents Agreement (the "Agreement") is effective [DATE], BETWEEN: [FIRST PARTY NAME] (the "Company"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] AND: [SECOND PARTY NAME] (the "First Agent"), an individual with his main address located at OR a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] AND: [THIRD PARTY NAME] (the "Second Agent"), an individual with his main address located at OR a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] WHEREAS the Company is in the business of purchasing [SPECIFY] for resale and for transformation (the "Business"); WHEREAS the Agents have each been the business of purchasing bulk [SPECIFY] from producers in [COUNTRY/COUNTRIES] for many years; WHEREAS the Agents are independent contractors; WHEREAS the Company is interested in retaining the services of the Agents to arrange for the purchase of bulk [SPECIFY] in [COUNTRY/COUNTRIES] for the Company; WHEREAS the Agents are interested in offering their exclusive services to the Company to arrange for the purchase of bulk [SPECIFY] in [COUNTRY]; WHEREAS the Company shall invest considerable time, effort, money and goodwill in the Business over the next few years; WHEREAS the Company shall incur long-term costs and other obligations in the course of developing and operating the Business; WHEREAS [INDIVIDUAL NAME], [INDIVIDUAL NAME] and [INDIVIDUAL NAME] acknowledge that it is entirely reasonable and prudent for the Company to expect them to agree and covenant to the obligations set out in this Agreement; NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND AGREEMENTS HEREIN CONTAINED AND OTHER GOOD AND VALUABLE CONSIDERATION, THE [COMPANY NAME] HERETO AGREE AS FOLLOWS: PURCHASING AGENTS The Agents hereby agree to provide their services exclusively to the Company and the Company hereby agrees to retain those services, all in accordance with this Agreement. THE TERM The term of this Agreement shall be for an initial period of five years beginning on [DATE] and terminating on [DATE], and shall be automatically renewed for periods of five years thereafter (the "Term"), except that : The Company may terminate its agreement hereunder with an Agent provided the Company delivers to such Agent a written notice of termination at least [NUMBER] months prior to the termination date of the Term. The Company may terminate its agreement with an Agent at any time for cause. An Agent may terminate his agreement hereunder upon delivering to the Company a written notice of termination at least [NUMBER] months prior to the termination date of the Term. Notwithstanding any other provision of the Agreement, the provisions of Section 10 of this Agreement shall survive termination. AGENT COMMISSIONS For each pound of bulk [SPECIFY] purchased through the work of an Agent hereunder, the Company shall pay such Agent a commission equal to [PERCENTAGE %] Percent of the net purchase price paid to the producer (that is, the purchase price paid to the producer net of all costs, expenses, industry fees and levies, government fees or taxes of any kind). Such commission shall be paid to the relevant Agent within [NUMBER] days of acceptance by the Company of the bulk [SPECIFY] for which the commission is due and owing. [SPECIFY] PURCHASES The Agents hereby undertake to use their very best efforts to purchase bulk [SPECIFY] in [COUNTRY] in each calendar year during the Term for and on behalf of the Company in accordance with the amounts fixed by the Company. By [NUMBER] in each year of the Term, the Company shall notify the Agents in writing as to the amount of [SPECIFY] to be purchased during the period set out in the notice. Until otherwise notified in writing by the Company, the annual ([DATE] - [DATE]) target purchase amount shall be [NUMBER] Pounds of [SPECIFY]. COMPANY PURCHASE PRICE LISTS From time to time, the Company shall issue to the Agents purchase price lists setting out the purchase price to be offered by the Agents in negotiating the purchase price of [SPECIFY] with producers. PRODUCER PAYMENTS Once an Agent identifies [SPECIFY] for purchase in the field, the Agent must communicate the amount, grade and cost of such [SPECIFY] to the Company. Upon acceptance of this offer by the Company, the Agent shall confirm to the producer the purchase of the [SPECIFY] by the Company. No Agent may purchase [SPECIFY] for or on behalf of or in the name of the Company without the Company's prior approval. Producers shall be paid by the Company on acceptance by the Company of delivery of [SPECIFY] at the Company's designated warehouse in [STATE/PROVINCE] following quality confirmation. If a producer requires payment in the field, an Agent shall request an advance payment from the Company. TRANSPORTATION AND ADMINISTRATION COSTS All [SPECIFY] transportation costs and Agent administration expenses, approved in advance in writing by the Company, shall be paid by the Company. [SPECIFY] PURCHASE COORDINATION Until otherwise determined by the Company, [COMPANY NAME] shall have the additional responsibility of coordinating and managing the purchase of [SPECIFY] by the Agents hereunder. COMPANY POLICIES AND PROCEDURES In carrying out their functions hereunder, the Agents hereby agree to respect the Company policies, practices, procedures and directions, as may be determined from time to time by the Company. NON-COMPETITION AND NON-SOLICITATION OF CUSTOMERS If an agreement with an Agent hereunder is terminated under Section 2 of this Agreement for any reason, each of the Agents hereby covenant to and agree with the Company that in the [NUMBER] years following the termination of an Agent's agreement with the Company, within [STATE/PROVINCE], such Agent shall not nor shall he permit any Related Person to, directly or indirectly sell, provide, distribute, deliver or facilitate in any manner, or assist any Person in the sale, provision, distribution or delivery of [SPECIFY] either individually or in partnership or jointly or in conjunction with any other Person, or, have any direct or indirect interest or concern in or with any Person, any part of the activities of which said Person consists of the sale, provision, distribution or delivery of any [SPECIFY] or the facilitation in any manner of the sale, provision, distribution or delivery of any [SPECIFY], if such sale, provision, distribution, delivery or facilitation, would have directly or indirectly competed for any of the custom or trade of the Company. directly or indirectly solicit any Customer, or directly or indirectly assist any Person directly or indirectly to solicit any Customer, or have any direct or indirect interest or concern in or with any Person any of the activities of which said Person consists of soliciting any Customer, if such solicitation is or otherwise would be directly or indirectly calculated to result in a sale of [SPECIFY] to such Customer and is a sale, provision, distribution or delivery which would have directly or indirectly competed for any of the custom or trade of the Company. For the purposes of this Section, "Customer" means any Person who has been a customer of the Company at any time prior to and during the Term; "Direct or indirect interest or concern" includes a direct or indirect interest or concern as principal, beneficiary, director, shareholder, partner, nominee, executor, trustee, agent, servant, employee, consultant, advisor, independent contractor, supplier, lender, financier, or in any other capacity whatever;
