Sourcing Agent Agreement for the Netherlands

Sourcing Agent Agreement Template for Netherlands

A comprehensive legal agreement governed by Dutch law that establishes and regulates the relationship between a principal company and a sourcing agent. This document outlines the agent's authority to identify, evaluate, and engage with suppliers on behalf of the principal, including detailed provisions for commission structures, performance metrics, and compliance requirements. The agreement incorporates specific Dutch legal requirements while addressing international trade considerations, making it suitable for both domestic and cross-border sourcing arrangements. It includes provisions for data protection under GDPR, competition law compliance, and specific Dutch commercial code requirements.

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What is a Sourcing Agent Agreement?

The Sourcing Agent Agreement is essential for companies seeking to optimize their procurement processes through professional sourcing representatives in various markets. This agreement, governed by Dutch law, is particularly relevant in today's globalized supply chain environment where companies need reliable representation in sourcing markets. It establishes the legal framework for the agent's authority to identify and negotiate with suppliers, defines commission structures, and sets performance expectations. The document includes specific provisions required under Dutch commercial law, including agency regulations from the Dutch Civil Code, while also addressing international trade considerations. It's commonly used when a company wants to establish a formal relationship with a sourcing agent who will represent their interests in specific markets or territories, particularly for regular procurement of goods or services.

What sections should be included in a Sourcing Agent Agreement?

1. Parties: Identification and details of the Principal and the Sourcing Agent

2. Background: Context of the agreement and brief description of the business relationship

3. Definitions: Definitions of key terms used throughout the agreement

4. Appointment and Scope: Formal appointment of the agent and detailed scope of services

5. Agent's Obligations: Detailed responsibilities and duties of the sourcing agent

6. Principal's Obligations: Responsibilities and duties of the principal

7. Territory and Exclusivity: Geographical scope of the agreement and any exclusivity arrangements

8. Commission and Payment Terms: Structure of fees, commission rates, and payment conditions

9. Intellectual Property: Protection and usage rights of intellectual property

10. Confidentiality: Obligations regarding confidential information

11. Term and Termination: Duration of agreement and termination provisions

12. Data Protection: GDPR compliance and data handling requirements

13. Liability and Indemnification: Limitation of liability and indemnification provisions

14. Governing Law and Jurisdiction: Applicable law and dispute resolution mechanisms

15. General Provisions: Standard boilerplate clauses including notices, amendments, etc.

What sections are optional to include in a Sourcing Agent Agreement?

1. Compliance with Laws: Specific regulatory compliance requirements - include when dealing with regulated industries or cross-border trade

2. Insurance: Insurance requirements - include when dealing with high-value goods or specific risk factors

3. Non-Competition: Restrictions on competitive activities - include when protecting market position is crucial

4. Performance Targets: Specific performance metrics - include when quantifiable targets are part of the arrangement

5. Sub-Agents: Provisions for appointing sub-agents - include when sub-contracting might be needed

6. Force Majeure: Provisions for unforeseen circumstances - include when dealing with international trade or high-risk markets

7. Anti-Corruption: Anti-bribery and corruption provisions - include when operating in high-risk jurisdictions

8. Training and Support: Requirements for training and support - include when complex products or services are involved

What schedules should be included in a Sourcing Agent Agreement?

1. Schedule 1 - Commission Structure: Detailed breakdown of commission rates and calculation methods

2. Schedule 2 - Products/Services: Detailed list of products or services covered by the agreement

3. Schedule 3 - Territory Definition: Detailed description of geographical territories and any exclusions

4. Schedule 4 - Reporting Requirements: Templates and requirements for regular reporting

5. Schedule 5 - Service Level Agreement: Specific performance metrics and service standards

6. Schedule 6 - Compliance Procedures: Detailed compliance procedures and requirements

7. Appendix A - Contact Details: Key contact information for both parties

8. Appendix B - Required Documentation: List of required documentation for sourcing activities

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Netherlands

Publisher

Genie AI

Document Type

Agency Agreement

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Manufacturing

Retail

Textiles and Apparel

Electronics

Consumer Goods

Industrial Equipment

Food and Beverage

Automotive

Raw Materials

Construction Materials

Medical Supplies

Agricultural Products

Chemical Products

Technology Hardware

Relevant Teams

Legal

Procurement

Supply Chain

Operations

Commercial

Finance

Compliance

International Trade

Vendor Management

Risk Management

Contract Administration

Relevant Roles

Procurement Manager

Supply Chain Director

Sourcing Specialist

Legal Counsel

Commercial Director

Purchasing Manager

Vendor Relations Manager

Chief Procurement Officer

Supply Chain Manager

Contract Manager

International Trade Manager

Operations Director

Business Development Manager

Category Manager

Global Sourcing Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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