June 1, 2023 at 7:01 PM. Product sourcing means finding a source (i.e., supplier) or the products you want to sell. 16.3. For the avoidance of doubt, the Contracts with the Vendors shall include a provision to the effect that the inspection of Ordered Products by Agent will not be considered a waiver by Principal of any claims it may have in respect of the Ordered Products or the delivery thereof; (o)Produce a shipment release authorisation and an inspection report, both of which will be made available to Principal no later than 48 hours after shipment upon Principals request, certifying that the Ordered Products conform to specifications for style, size, quantity and other specifications in accordance with AQL. Thank you for subscribing to our newsletter! 1.9. The notice shall describe the Dispute in reasonable detail, (including references to the sections of this Agreement that are at issue in such Dispute and, if any claim involves an allegation that the other Party has committed a material breach, reasons as to why the Party serving notice believes such breach to be material) and designate such Party's senior management representative with respect to such Dispute (Initial Notice). Our Template is highly editable and can help you make your content specific to your case. 5.3. So long as Principal has not notified Agent of the cancellation of such Purchase Order Terms, Agent shall be deemed to have received written instructions to place the order on behalf of Principal on such terms. Sourcing Agent Agreement - Affidavitformhub.com (c)Agent and/or Agents Affiliate is engaged in the business of sourcing and has the requisite experience to provide the Services as contemplated hereunder. The Company wishes to engage the Purchasing Agent as its exclusive independent purchaser of the Merchandise (as defined in section 1(a)) in those territories identified in section 6 (collectively, the "Territory") for the Company, and the Purchasing Agent wishes to accept this engagement. You can think of it as appointing a right-hand man for certain specific tasks. Sourcing and Supply Agreement - Amgen Inc. - FindLaw A sourcing agent sources products from manufacturers for your specific niche business. reasonable attorneys' fees and expenses) that any of the Principal Indemnified Parties may incur or become obligated to pay, or for which any of them may become liable or be compelled to pay, in any action, claim or proceeding against any of them arising out of or relating to (i) Agents breach of its obligations of confidentiality, and (ii) Agents willful misconduct, gross negligence, fraud or criminal damage. 8.5. Notwithstanding Clause 13.1, (i) Principal may terminate this Agreement immediately by and upon notice to the Agent upon a material breach of any representation or warranty set forth in Clause 6.1, (ii) if either Party fails to perform any of the material terms, conditions, agreements or covenants in this Agreement on its part to be performed and (a) the default is not curable, (b) the default is curable but continues uncured for a period of 30 days or more after receipt of notice by the defaulting Party from the non-defaulting Party, or (c) the default is curable, but not within 30 days, and all reasonable steps necessary to cure the default have not been taken by the defaulting Party within the 30-day period or the defaulting Party is not diligently taking all steps necessary to cure the default as promptly as practicable or, in any event, the default continues to remain uncured for at least 60 days after such notice, then, in any such case, the other Party, at its election, may terminate this Agreement immediately by and upon notice to the defaulting Party and (iii) following the Initial Term, either Party may terminate this Agreement on no less than one hundred twenty (120) days prior written notice to the other Party. Agent shall indemnify Principal and its respective officers, agents, employees, directors, shareholders and representatives, and their respective successors and assigns (collectively, the Principal Indemnified Parties), and hold them harmless, from and against any and all losses, damages, liabilities, payments, liens, judgments, orders and decrees of every description, recoveries, reasonable costs and expense (including. This Consulting Agreement is made between Boss Technical Services, ("Agent") with a business address at Sasang, Pusan, South Korea and Heeling Sports LTD. (the "Company") a Nevada corporation located at 12900 Preston Road, Ste. 14.1. This agreement constitutes the final agreement of the parties. 9-220. The representations, warranties and agreements contained in Clause 6.1 shall be true and correct and shall survive the date of this Agreement and continue in full force and effect during the Term. Unleash the Power of China Sourcing Agents: How to Maximize Your Profit This Sourcing and Supply Agreement (this "Agreement") is made by and between Amgen USA Inc. ("Amgen"), a wholly-owned subsidiary of Amgen Inc., and DaVita Inc. ("Dialysis Center") to set forth the terms and conditions upon which Dialysis Center Purchasers shall purchase EPOGEN (Epoetin alfa) and Amgen shall . SOURCING SERVICES AGREEMENT FOR CHINA Effective Date: January 19, 2005 THIS SOURCING SERVICES AGREEMENT (the " Agreement ") is made and entered into as of the Effective Date by and between: WORLD MED SHARED SERVICES, INC. Neither Party shall be liable for any failure to comply with its obligations hereunder, including the Minimum Sourcing Amount, the Threshold Amount and the Agent Sourcing Deficit obligations, if such failure is due to any cause beyond its reasonable control including acts of God, acts of civil or military authority, labor disputes, failure or delay of Vendor, fire, riots, civil commotions, sabotage, war, embargo, blockage, boycotts, floods, epidemics, delays in transportation, governmental restrictions, or acts or omissions of Vendor and/or Principal. The relationship of the parties under this agreement is one of independent contractors, and no joint venture, partnership, agency, employer-employee, or similar relationship is created in or by this agreement. Neither party was induced to enter this agreement by, and neither party is relying on, any statement, representation, warranty, or agreement of the other party except those set forth expressly in this agreement. If appropriate action is not taken by the indemnitor timely after its receipt of notice from the indemnitee, the indemnitee may defend the action, claim or proceeding, but with only one counsel reasonably acceptable to the indemnitor and at standard rates, and no compromise or settlement may be made without the approval of the indemnitor, which shall not be withheld unreasonably. Sourcing Agent Contract Template Form - signNow Agent hereby accepts such appointment, subject to the terms and conditions and for the duration of this Agreement. If this Agreement is terminated by Principal pursuant to Clause 13.2(i) or (ii), or 13.3, (a) there will be no Minimum Sourcing Amount or Threshold Amount (and therefore no Agent Sourcing Deficit) for the Agreement Year in which such termination occurred or the post-expiration/termination tail period described in Clause 13.1; and (b) all Commissions payable shall be paid in accordance with the terms of this Agreement. Enter to open, tab to navigate, enter to select, Practical Law Standard Document w-002-9737, https://content.next.westlaw.com/practical-law/document/I32cbc6815da511e698dc8b09b4f043e0/Buying-Agency-Agreement?viewType=FullText&transitionType=Default&contextData=(sc.Default). Such financial assistance is provided to allow Vendors to timely produce Ordered Products for Principal, for example to facilitate the procurement of raw materials so that production can proceed to meet Principals specific ship date. its standard operating procedures regarding any activities relating to the performance of Services under this Agreement (to the extent such policies or operating procedures have been provided by Principal to Agent). Agent shall promptly notify Principal prior to entry into an agreement with a Vendor to provide a Vendor Service. Agent will deliver to Principal the Weekly Shipping Statements, which will be settled on an open account basis as follows: (i) as it relates to the corresponding Commissions, within 60 days following receipt of such Weekly Shipping Statement and (ii) as it relates to the FOB price or DDP price of Ordered Products in accordance with the terms agreed between Vendor and Principal. 9 min read 1. provide such additional documents or information as reasonably requested by Agent; and. Sourcing agents do much more than find products. This Standard Document has integrated drafting notes with important explanations and drafting and negotiating tips. The sourcing agent's job includes assessing the needs of the company, locating suppliers, and meeting them to see if they will be able to take on the orders. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, (A) PRINCIPAL SHALL NOT BE LIABLE TO AGENT OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR SPECIAL DAMAGES, OR FOR LOSS OF GOODWILL OR BUSINESS PROFITS, REGARDLESS OF THE FORM OR ACTION, WHETHER. In this Agreement, "Affiliate" means any holding company, subsidiary, affiliate or associated company of Agent or any subsidiary of any holding company of a Party. For the avoidance of doubt, Agent shall give at least seven (7) Business Days prior notice to Principal before it exercises the foregoing suspension right. 7. Once you agree to work with someone, you will have to sign a contract called an "exclusive buyer agency agreement," outlining the agent's services and compensation . Grab a free example of our Agency Contracts Template. Agent shall debit Principal and Principal shall pay for the courier charges incurred by Agent in sending packages from Agent to Principal of Agent's rendition of the Services hereunder. (i) if prohibited under applicable government law, regulation, or policy; (ii) if the Purchasing Agent did not directly facilitate the purchase of the Merchandise from a manufacturer or vendor; (iii) on any purchases from suppliers that are directly or indirectly owned by or under common ownership with the Purchasing Agent; (iv) on any purchases outside of the Territory, unless otherwise agreed in writing by the Company; (v) on any purchases from Existing Suppliers, unless otherwise agreed in writing by the Company; or. How to Negotiate with Powerful Suppliers - Harvard Business Review Notwithstanding the foregoing, Agent shall (i) be responsible for sampling inspection according to AQL for each purchase order and releasing all of the Ordered Products (in accordance with the AQL, (ii) provide timely and accurate WIP tracking and reporting form sampling through production to Principals requirements directly to Principal or through Agents digital platform once Principal has access to Agents digital platform, (iii) perform periodic in-line inspections during the production of the Ordered Product and maintain written. Buying Agency Agreement | Practical Law - Westlaw reasonably acceptable to the Company, the Purchasing Agent is legally compelled or otherwise required to disclose. 13.5. Agent will notify Principal of its recommended use of any Vendor sufficiently in advance to enable such compliance to be verified. (i) the Company's breach of its obligations or representations under this agreement; (ii) the negligent, intentional, or other acts of the Company or its employees; or. This Agreement made and entered into this fifteenth day of November, 2007. by and between Skins Inc. ("Buyer") and ATSCO, LLC having its principal offices at 500 Bodwell St. (d)In the event of a Major Delivery Issue, Agent will waive all or a portion of the Commission on all Ordered Products delivered pursuant to the Contract under which a Major Delivery Issue is present if Agent fails to notify Principal promptly, and in any event within 5 Business Days, after it has become aware of the Major Delivery Issue. All prior and contemporaneous communications, negotiations, and agreements between the parties relating to the subject matter of this agreement are expressly merged into and superseded by this agreement. 25.1. Agent shall provide Principal with a list of those Vendors utilized by Principal that utilize the Vendor Portal and a description of specific Vendor Services it provides to such Vendors. Within two (2) weeks following the execution of this Agreement, Agent and Principal will work in good faith to negotiate an agreement for the use by Principal of Agents 3D and digital licenses related to product development, textile capabilities, sales and sample capabilities and any other new capabilities offered to any other customer of Agent. This Agreement may be executed in counterparts, each of which shall constitute an original, but together shall be considered one and the same document. Agent. However, the Purchasing Agent shall make reasonable efforts to obtain reliable assurance that confidential treatment will be accorded, any part of the Confidential Information disclosed in this way; or. Any notice served by electronic transmission or facsimile shall be deemed to have been served when dispatched together with machine printed or emailed confirmation of receipt. A sourcing agent (also known as a buying agent or import agent) is a person or entity that assists you with obtaining products from different locations. Each Party to this Agreement shall, unless otherwise specified in this Agreement, pay for its own expenses, including travel and any other expenses and, in any event, Principal shall not be responsible for any costs of travel, entertainment, telephone, telex, telecopies, postage, office space, personnel (including salaries, benefits, overtime and any related taxes), legal or other profession costs or any other costs incurred by Agent in the performance of the Services or the other obligations set forth in this Agreement. The Company reserves the right to add to or subtract from the list of Products authorized on Exhibit A attached hereto with notice to the Agent. 22.4. If Agent becomes aware of any forced, child or prison labor, it shall immediately notify Principal. 18+ Printable Agency Agreement Templates - Word, PDF, Pages Notwithstanding Clause 14.1, Agent shall have the right, in its sole and absolute discretion, to appoint any of Agent's subsidiaries or Affiliates to assist Agent in discharging its duties under this Agreement. (xii) perform other services (including negotiations and payment) (A) reasonably related to any of the other obligations, or (B) agreed to in writing by the parties. Overview Purchasing agents are an important part of any company's success. Each Party certifies and acknowledges that (i) no representative, agent or attorney of any other Party has represented, expressly or otherwise, that such other Party would not, in the event of litigation, seek to enforce the foregoing waiver, (ii) it understands and has considered the implications of such waiver, (iii) it makes such waiver voluntarily, and (iv) it has been induced to enter into this Agreement by, among other things, the mutual waiver set out in this Clause 16.2. 8.11. Notwithstanding the foregoing, no Commission shall be due or owing on Ordered Products that are returned to Vendor (whether as a result of defects or non-conformity of the Ordered Products or late delivery) to the extent such Ordered Products are returned due to the Agent not performing the Services to the required standard. 21. If a Sourcing Certificate reveals that the total Commission paid or due to Agent for all Products sourced through Agent during an Agreement Year (taking into account the adjustments set forth in Clause 1.3 and the Rebate set forth in Clause 8.2 ("Actual Commission Amount") is less than the minimum commission amount set forth in Clause 1.3(a . Principal shall indemnify Agent and its respective officers, agents, employees, directors, shareholders and representatives, and their respective successors and assigns (collectively, the Agent Indemnified Parties), and hold them harmless, from and against any and all losses, damages, liabilities, payments, liens, judgements, orders and decrees of every description, recoveries, reasonable costs and expense (including reasonable attorneys' fees and expenses) that any of the Agent Indemnified Parties may incur or become obligated to pay, or for which any of them may become liable or be compelled to pay, in any action, claim or proceeding against any of them arising out of or relating to (i) Principals breach of its obligations of confidentiality, and (ii) Principals willful misconduct, gross negligence or fraud. Your answers fill in the forms easily and correctly, the first time. Sourcing Agency Agreement means the agency agreement in relation to the Programme dated on or about the Programme Date between, inter alios, the Sourcing Agent and the Issuer ( as amended and/or supplemented and/or restated from time to time ). In fact, a good sourcing agent often includes the following services: Price negotiation; Follow-up productions Have their name and contact info ready, too. 6. Neither party may assume or create obligations on the other party's behalf, and neither party may take any action that creates the appearance of that authority. Principal's written notification setting forth the foregoing terms is hereinafter referred to as the Purchase Order Terms. notify Agent about the Major Quality Issue within five Business Days after it has become aware of such Major Quality Issue; 5.5.a.2. Notwithstanding termination, all Contracts entered into before a notice of termination is effective shall be completed, and Commissions and Rebate paid thereon, in accordance with this Agreement. In the event that Ordered Products do not conform in quality or specifications to the Contract in question, to notify Principal immediately and require Vendor in question to cease and desist any production until such time as a resolution is agreed upon to bring the said Ordered Products to conforming quality and specification standards; provided that, if any Ordered Products do not conform in quality or specification to the Contract, Agent shall use its reasonable best efforts to recover the amounts paid for such defective or non-conforming Ordered Products from Vendor; (p)Submit delivery reports for shipped Ordered Products to Principal when required, but no less often than weekly, by style and factory until such time as delivery reports are available to Principal on the digital platform of Agent. (f)The genuine and true origin of all merchandise subject to this Agreement will be as stated on any country of origin declaration, invoice, visa or other document made in conjunction with the importation of the merchandise into the importing territory and that no shipment will have been illegally transshipped from any country. 19.2. No later than five (5) Business Days following its receipt of the Initial Notice the other Party shall notify the disputing Party of its senior management representative with respect to such Dispute and shall supplement the Initial Notice with any other Disputes for resolution not identified in the Initial Notice. The law of agency can be delicate and intricate. Direct Sourcing or Agent Sourcing? Contract Negotiation in Procurement For purposes of this Agreement, "Confidential Information" means all (a) trade secrets, confidential information, know-how, inventions, proprietary processes, designs, formulae, models, and methodologies, including designs, drawings and graphics and information about colors, fabrics and other materials, new and modified products, financial and business data and plans and related reports of each of the Parties and their respective Affiliates; and (b) other information, regardless of the form or medium in which obtained or delivered, which is proprietary to the disclosing Party. Unless otherwise specified by Principal in writing, Agent shall negotiate FOB or DDP prices on behalf of Principal and, if the offered prices are as good as or better than the prices provided in such Purchase Order Terms, Agent shall enter into a contract for and on behalf of Principal with Vendor containing the Purchase Order Terms (to the extent there is any change to the Purchase Order Terms, such revised Purchase Order Term shall be approved in advance by Principal) and such other terms as Agent may consider necessary or appropriate (the Contract). You must keep documentation to show that a purchasing agent relationship exists. (a)Agent agrees to pay to Principal a rebate equal to [****] of FOB price of the Ordered Products (collectively, the Rebate) by way of a set-off included in the Weekly Shipping Invoice. (c)If Agent does not include the Rebate in a Weekly Shipping Invoice in accordance with this Clause 8.2(a), Agent agrees that Principal shall be entitled to withhold such amount from its payment to Agent. 700, Dallas, Texas 75230. All funds in the Designated Account received from Principal (other than the Commission paid) are property of Principal and Agent shall hold such funds for the benefit of Principal. For the avoidance of doubt, the FOB price or the DDP price charged by Vendors shall not include Agents Commission. If Principal and Agent are unable to resolve all such disagreements on or before the seventh (7th) Business Day following delivery of an objection notice, the parties shall retain an independent third party to resolve such disagreements. Each Party hereto hereby agrees that monetary damages may not be a sufficient remedy in the event that the provisions of this Clause 21 were not performed in accordance with their specific terms. For the avoidance of doubt, the Parties agree that the FOB price of all Products will be used to determine the Minimum Sourcing Amount notwithstanding the Incoterm for some of the purchases will be delivery duty paid (DDP). 6.1.g.2. An exclusive purchasing agency agreement details their role and your responsibilities to each other. 16.1. Sourcing Agreement. If this Agreement is terminated other than as a result of Principals exercise of its termination right pursuant to Clause 13.2(i) or (ii), or 13.3, the Minimum Sourcing Amount and the Threshold Amount for the final Agreement Year shall be appropriately prorated based on the date of termination/expiration and all Commissions payable shall be paid in accordance with the terms of this Agreement. The financial assistance may consist of but not be limited to Agent (and/or an Agent's Affiliate) opening letters of credit or granting advances or financial accommodation to the specific Vendor or factoring or purchasing Vendor's receivables payable by Principal. If any provision contained in this agreement is, for any reason, held to be invalid, illegal, or unenforceable in any respect, that invalidity, illegality, or unenforceability will not affect any other provisions of this agreement, but this agreement will be construed as if the invalid, illegal, or unenforceable provisions had never been contained in it, unless the deletion of those provisions would result in such a material change so as to cause completion of the transactions contemplated by this agreement to be unreasonable. However, you may designate a contractor as your purchasing agent, allowing them to make tax-exempt purchases of qualifying materials, equipment, and supplies used to improve real property. Real Estate, All Information Technology, All The Purchasing Agent may not cause diminishment of value of the Company Marks through any act or representation. makes no representation or warranty, express or implied, as to the merchantability or fitness for any particular use of the Ordered Products. Subject to Clause 8.2(a), Principal shall pay to Agent a commission equal to [****] ([****]) of the FOB price for the Ordered Products shipped by Vendors (the. Any notice required or permitted to be given by a Party hereto to the other shall be in writing and shall be duly given, upon receipt by the addressee, if sent by internationally-recognized overnight courier or mail service that requires the addressee to acknowledge, in writing, the receipt thereof, by electronic transmission or by facsimile to its address or facsimile number given herein, as applicable, or such other address or facsimile number as may from time to time be notified for this purpose: In proving service it shall be sufficient to prove that the notice was properly addressed and delivered or posted, as the case may be. 6.1.g.1. Marketing Sales 48+ SAMPLE Agent Agreement in PDF | MS Word Rating : Mainstream media often portrays the life of an agent as dynamic and glamorous- especially talent agents who handle the business and social affairs of celebrities or famous public figures. (b)As it relates to the determining whether or not Principal has met the applicable Threshold Amount, applicable Minimum Sourcing Amount, and/or applicable Minimum Commission Amount, Agent and Principal agree that (i) the FOB price of products ordered by the Principal (Ordered Products) during an Agreement Year that are not shipped by the Vendors until the following Agreement Year shall not be included in the calculation of the Agent Sourced Amount for the Agreement Year in which the Ordered Products are ordered and shall be included in the calculation of Agent Sourced Amount for the Agreement Year in which the Ordered Products are shipped; provided, however, that if a notice of non-renewal has been given pursuant to Clause 13.1, then the Agent Sourced Amount for such Agreement Year shall include all Ordered Products regardless of whether or not they have been shipped, (ii) the FOB price of Ordered Products that are returned to the Vendor (whether as a result of defects in the Ordered Products or late delivery) shall be included for the Agreement Year in which the returned Ordered Products were originally shipped by the Vendor, (iii) the FOB price of the Ordered Products that are cancelled for reasons other than defects or late delivery shall not be included in the calculation of the Agent Sourced Amount, (iv) the FOB price of Ordered Products that were scheduled to be shipped in an Agreement Year but which are delayed and not shipped in such Agreement Year shall be included for the Agreement Year in which the late Ordered Products are shipped; and (v) to the extent the Ordered Products are not returned to Vendor and not covered in Clause 1.3(b)(ii), Ordered Products that are subject to Major Quality/Delivery Issues and for which Commission is not paid shall be included. GOVERNING LAW AND JURISDICTION; DISPUTE RESOLUTION. This agreement sets forth the specific terms of the arrangement including the term, the agent s responsibilities and the payment of salary and expenses. In the event of an expiration or termination of this Agreement by either Party hereto, Agent agrees to provide Principal with reasonable access to Agent's books and records and/or Sourcing data insofar as such data relates to the Services. Principal acknowledges and agrees that if the invoiced amounts (except for the disputed invoiced amounts) remain outstanding after the relevant due date, Agent shall not be obliged to arrange for any Ordered Products to be shipped to Principal or to place any further orders with any Vendors on Principals behalf until all of the conditions in this Clause 8 have been satisfied. (A)Principal wishes to appoint Agent as its buying agent for the purchase of products (collectively, Products) in countries throughout the world; (B)Agent is willing to act as the buying agent for Principal for the purpose of facilitating the purchase of Products for Principal, subject to the terms and conditions set forth in this Agreement; (C)Principal wishes to obtain from Agent, and Agent desires to provide to Principal, Services (as defined below) for purposes of having Products manufactured as requested by Principal, subject to the terms and conditions set forth in this Agreement; (D)The Products to be purchased in connection herewith will be purchased by Principal or subsidiaries of Principal and the term Principal shall be read accordingly; (E)The rights to purchase and sell many of the Products to be purchased in connection herewith have been granted to Principal or Principals subsidiaries under various license agreements and the licensors under such license agreements (the Licensors) have various rights under their license agreements; and, (F)Agent and Principal are also in discussions relating to the transfer of certain staff and leases in the Peoples Republic of China from Principal to Agent (the Transfer).
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