Purchase Agency Agreement Template for Germany

The Purchase Agency Agreement is essential for companies operating in Germany who wish to outsource their procurement activities to specialized agents. This document is particularly relevant when a company needs local representation in specific markets or requires expertise in sourcing specific products or materials. The agreement, governed by German law, establishes the framework for the agent's authority to negotiate with suppliers, place orders, and manage quality control on behalf of the principal. It incorporates requirements from the German Civil Code (BGB) and Commercial Code (HGB), addressing crucial aspects such as commission structures, territorial rights, and termination provisions. This type of agreement is commonly used in international trade relationships where companies need reliable representation in German or European markets for their procurement needs.

1. Parties: Identification of the Principal and the Purchase Agent, including full legal names, registration details, and addresses

2. Background: Context of the agreement, describing the Principal's business and need for a purchase agent

3. Definitions: Key terms used throughout the agreement, including 'Products', 'Territory', 'Purchase Orders', 'Suppliers', etc.

4. Appointment and Scope: Terms of the agent's appointment, exclusivity status, and territorial scope

5. Agent's Authority: Extent and limitations of the agent's authority to act on behalf of the principal

6. Agent's Duties and Obligations: Detailed responsibilities including supplier negotiations, quality control, and reporting requirements

7. Principal's Duties and Obligations: Principal's responsibilities including information provision and support to the agent

8. Compensation: Commission structure, payment terms, and calculation methods

9. Term and Termination: Duration of agreement, renewal terms, and termination provisions

10. Confidentiality: Protection of confidential information and trade secrets

11. Data Protection: GDPR compliance and data handling requirements

12. Governing Law and Jurisdiction: Specification of German law application and jurisdiction for disputes

13. General Provisions: Standard clauses including notices, amendments, and severability