sourcing agent agreement

We have customer support specialists just a phone call away to help steer you in the right direction. 1.9. 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. 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. Each party is signing this agreement on the date stated opposite that party's signature. 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. 5.5.a.4. For the avoidance of doubt, in the event of a bankruptcy filing or other insolvency of Agent, except for Commissions paid pursuant to this Agreement, all funds in the Designated Account paid by Principal shall not be construed to be property of Agents bankruptcy estate and Agent shall not take any position to the contrary. At such times as may be reasonably requested by Principal, Agent will certify to Principal in writing that: (1) Agent and its managers, representatives, and agents engaged in business connected to this Agreement since the Effective Date have been informed of their. Agent shall make payment on behalf of Principal to Vendors (or as Vendors direct) upon receipt of the payments described above. (g)Agent shall use its reasonable efforts to ensure the manufacturers, vendors, and sellers with whom Agent negotiates on behalf of Principal in furtherance of this. 19.2. Ext., Avon, MA 02322 ("Agent"). At all times after the date of this Agreement, each Party hereto undertakes that it will not, and shall use its reasonable best efforts to cause its employees, officers, directors, auditors and other agents not to, directly or indirectly, publish, communicate or otherwise divulge to any person, except to its professional representatives or advisers who have a legitimate business purpose in connection with this Agreement, or to the extent as may be required by law or any legal or regulatory authority or applicable stock. Principal acknowledges that Agent (and/or an Agent's Affiliate) may provide certain advisory and ancillary business services that are primarily for the benefit of Principal and limited in scope (each, a Vendor Service) to Vendors at a cost to be borne by such Vendors. Download Doc. 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. Know what kind of commission the agent gets and what area they'll cover. 8.9 Product sourcing agent agreement . 23.1. 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. Agreement do not employ any forced, child or prison labor. As consideration for the payment by Principal of the Commission pursuant to Clause 8.1 below, Agent shall provide the following services (the Services) to Principal and adhere to the following responsibilities for the duration of the Term: (a)Familiarize itself with Principal's needs and specifications, to obtain the best available Products and develop an understanding of the markets in which Principal sells the Products; (b)Conduct, and relay to Principal, market research necessary to identify, evaluate and pre-qualify potential new Vendors (e.g., for garment, raw material, fabric, textiles, yarns and leather) by visiting Vendors to determine their ability to manufacture and export Product of a type and quality appropriate for Principal and conducting quality testing on the Vendors products where necessary; (c)Survey the potential production countries and assist Principal in the review and selection of Vendors; (d)Arrange for the manufacture and procure timely delivery to Principal of all necessary or appropriate production garment samples, pre-production samples, prototype samples, fit samples, sales samples and fabrics and other materials (at Vendors sole cost) as may be reasonably necessary or appropriate with respect to the review of such samples; (e)Provide up-to-date information on a timely basis, concerning relevant aspects of the business in the territory in which Vendors are based, including information relating to quotas, labor rates and political situations; (f)Arrange for the sourcing, acquisition, production and procure timely delivery of materials, fabric, piece goods, trimmings, labels, component parts and packaging materials to Vendors, as instructed by Principal and use its reasonable efforts to ensure Vendors must meet the required Purchaser Order delivery dates; (g)Obtain price quotations from Vendors in U.S. dollars which shall not include Agents commission; (h)Measure garment specs, input comments in PLM and arrange for the manufacture of Ordered Products in accordance with all applicable specifications and requirements set forth in the Purchase Orders (including providing such services from first fit approval to TOP approval); (i)Assist Principal in the negotiation of the most favorable prices and other terms on which the Products can be purchased. THE SYMBOL [****] DENOTES PLACES WHERECERTAIN IDENTIFIED INFORMATION HAS BEEN EXCLUDEDFROM THE EXHIBIT BECAUSE IT IS BOTH (i) NOT MATERIAL, AND (ii) WOULD LIKELY CAUSE COMPETITIVE HARM TO THE COMPANY IF PUBLICLY DISCLOSED, BUYING AGENCY AND SOURCING SERVICES AGREEMENT. (i) the Purchasing Agent's negligence or willful misconduct arising from the Purchasing Agent's carrying out of its obligations under this agreement; (ii) the Purchasing Agent's breach of any of its obligations or representations under this agreement; or. In fact, a good sourcing agent often includes the following services: Price negotiation; Follow-up productions 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). 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. IN CONTRACT OR IN TORT, EVEN IF PRINCIPAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, AND (B) AGENT SHALL NOT BE LIABLE TO PRINCIPAL 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 CONTRACT OR IN TORT, EVEN IF AGENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. (c)If the performance by the other Party of its obligations under this Agreement becomes permanently impossible. Any misrepresentation by Agent under this Clause 6.1(g) or any improper payment, offer, promise or demand in contravention of the foregoing undertakings, or acceptance or receipt of a payment in contravention of the foregoing undertakings, by Agent or its personnel, representatives, agents, or anyone associated with any of them shall constitute grounds for immediate termination of this Agreement and any other agreement Agent or any of its Affiliates has entered into with Principal or one of its Affiliates. (iii) the Purchasing Agent's breach of its express representation that it is an independent contractor and in compliance with all applicable laws related to work as an independent contractor. The Purchasing Agent may use, reproduce, and distribute the Company's service marks, trademarks, and trade names (if any) (collectively, the "Company Marks") in connection with the performance of this agreement. Agent shall perform the Services for the benefit of Principal pursuant to the terms and conditions set forth in this Agreement. 16.1. 2.1. Agent shall consolidate invoices on a weekly basis for all Ordered Products shipped to Principal during the prior week (and all corresponding Commissions) in a statement to be agreed by the Parties ("Weekly Shipping Statement"). You must keep documentation to show that a purchasing agent relationship exists. The chief executive officers shall then meet and confer in good faith to attempt to resolve the Dispute. Buying Agency and Sourcing Agreement. 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). 8.7. SOURCING AGENT AGREEMENT . A sourcing agent sources products from manufacturers for your specific niche business. Any goodwill received from this use will accrue to the Company, which will remain the sole owner of the CompanyMarks. 21.3. For the avoidance of doubt, in addition to those provisions that by the terms of this Agreement survive the expiration or termination hereof, all provisions that by their nature would survive expiration or termination, such as dispute resolution provisions, shall survive the expiration or termination hereof. 1.4. Agent shall not delegate its duties under this Agreement unless otherwise agreed in writing. The sourcing Agent has represented to _____ that it has the requisite skill, knowledge, experiences, expertise, _____ and capability to market the products introduced by _____ and source business and experience person having requisite skills, knowledge to perform the functions in terms of this Agreement and the sourcing Agent has offered .
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