The Sourcing Fee Agreement is essential for businesses engaging external expertise for procurement and sourcing activities in Belgium. This document is typically used when a company seeks to formalize its relationship with a sourcing agent or procurement consultant who will identify, evaluate, and secure suppliers, products, or services on their behalf. The agreement, governed by Belgian law, specifically addresses fee structures, performance metrics, and service scope while ensuring compliance with Belgian commercial intermediary regulations and tax requirements. It's particularly relevant for international trade relationships and cross-border procurement activities where Belgian jurisdiction applies, providing clear guidelines for compensation, responsibilities, and deliverables in the sourcing relationship.
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1. Parties: Identification of the service provider and the client, including full legal names and registered addresses
2. Background: Context of the agreement and brief description of the parties' business relationship
3. Definitions: Key terms used throughout the agreement
4. Scope of Services: Detailed description of the sourcing services to be provided
5. Fee Structure: Details of the fees, including calculation method and payment terms
6. Payment Terms: Timeline for payments, invoicing requirements, and payment methods
7. Obligations of the Service Provider: Duties and responsibilities of the sourcing agent
8. Obligations of the Client: Client's responsibilities and commitments
9. Confidentiality: Provisions regarding confidential information protection
10. Term and Termination: Duration of the agreement and termination provisions
11. Representations and Warranties: Standard warranties and representations by both parties
12. Liability and Indemnification: Limitations of liability and indemnification obligations
13. Force Majeure: Provisions for unforeseen circumstances preventing performance
14. Governing Law and Jurisdiction: Specification of Belgian law and competent courts
15. General Provisions: Miscellaneous legal provisions including notices, amendments, and assignment
1. Success Fee Structure: Additional provisions for performance-based compensation, used when success fees are part of the arrangement
2. Intellectual Property Rights: Provisions regarding IP ownership and usage, included when the services involve creation or transfer of IP
3. Territory and Exclusivity: Geographical scope and exclusivity provisions, needed for multi-territory agreements or exclusive arrangements
4. Data Protection: GDPR compliance provisions, required when personal data processing is involved
5. Non-Compete and Non-Solicitation: Restrictions on competitive activities, included when protecting business interests is crucial
6. Reporting and Performance Metrics: Detailed reporting requirements, used for ongoing service relationships
7. Insurance: Insurance requirements and coverage details, included for high-value or high-risk services
1. Schedule 1 - Service Description: Detailed description of the sourcing services and deliverables
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and calculation methods
3. Schedule 3 - Performance Metrics: Specific KPIs and performance measurement criteria
4. Schedule 4 - Approved Suppliers/Partners: List of pre-approved suppliers or partners if applicable
5. Schedule 5 - Compliance Requirements: Specific compliance and regulatory requirements
6. Appendix A - Contact Details: Key contact information for both parties
7. Appendix B - Required Documentation: List of required documents and forms for service delivery
Relevant legal definitions
Clauses
Relevant Industries
Manufacturing
Retail
Technology
Industrial
Consumer Goods
Automotive
Electronics
Textiles
Food and Beverage
Pharmaceuticals
Chemical Industry
Construction
Energy
Telecommunications
Relevant Teams
Procurement
Supply Chain
Legal
Finance
Operations
Commercial
Business Development
Vendor Management
Contract Management
Risk & Compliance
Relevant Roles
Procurement Manager
Supply Chain Director
Chief Procurement Officer
Sourcing Specialist
Purchasing Manager
Commercial Director
Business Development Manager
Operations Manager
Contract Manager
Legal Counsel
Finance Director
Supply Chain Consultant
Vendor Manager
Category Manager
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