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Sourcing Agent Contract for New Zealand

Sourcing Agent Contract Template for New Zealand

A comprehensive legal agreement governed by New Zealand law that establishes and regulates the relationship between a principal company and a sourcing agent. The agreement outlines the agent's authority to identify, negotiate with, and secure suppliers on behalf of the principal. It includes detailed provisions for commission structures, performance expectations, territory restrictions, and reporting requirements. The document incorporates specific provisions compliant with New Zealand's Contract and Commercial Law Act 2017 and Fair Trading Act 1986, ensuring proper protection for both parties while facilitating efficient international sourcing operations.

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What is a Sourcing Agent Contract?

This Sourcing Agent Contract is designed for use in New Zealand business contexts where companies require specialized assistance in sourcing products, materials, or services from suppliers, particularly in international markets. The agreement is essential when a company (the principal) wishes to engage a professional sourcing agent to leverage their expertise, contacts, and market knowledge for procurement purposes. It covers crucial aspects such as the agent's scope of authority, commission structures, performance standards, and reporting obligations, while ensuring compliance with New Zealand legislation including the Contract and Commercial Law Act 2017 and Fair Trading Act 1986. This document is particularly valuable for businesses expanding their supplier base or entering new markets where local knowledge and expertise are essential for successful procurement operations.

What sections should be included in a Sourcing Agent Contract?

1. Parties: Identifies and provides full legal details of the principal and the sourcing agent

2. Background: Explains the context of the agreement and the parties' intentions

3. Definitions and Interpretation: Defines key terms used throughout the agreement and sets out interpretation rules

4. Appointment and Scope: Establishes the agent's appointment, territory, and scope of authority

5. Agent's Duties and Responsibilities: Details the core obligations of the sourcing agent, including sourcing procedures and reporting requirements

6. Principal's Obligations: Outlines the principal's responsibilities, including information provision and support

7. Compensation and Payment Terms: Specifies commission structures, payment terms, and expense reimbursement policies

8. Term and Termination: Sets out the duration of the agreement and circumstances for termination

9. Confidentiality: Establishes obligations regarding confidential information protection

10. Intellectual Property: Addresses ownership and usage of intellectual property

11. Liability and Indemnification: Defines the extent of liability and indemnification obligations

12. General Provisions: Contains standard boilerplate clauses including notices, governing law, and dispute resolution

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

1. Non-Competition: Restricts the agent from competing activities - include when the agent will have access to sensitive market information

2. Insurance: Specifies required insurance coverage - include when dealing with high-value products or specific industry requirements

3. Performance Targets: Sets specific performance metrics - include when the principal wants to maintain specific performance standards

4. Compliance with Laws: Details specific regulatory compliance requirements - include when operating in heavily regulated industries

5. Sub-Agents: Governs the appointment and management of sub-agents - include when sub-agents may be needed

6. Force Majeure: Addresses unforeseeable circumstances - include when operating in volatile markets or regions

7. Data Protection: Specific data handling requirements - include when dealing with personal or sensitive data

What schedules should be included in a Sourcing Agent Contract?

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

2. Schedule 2: Territory and Product Scope: Detailed description of geographical territory and specific products covered

3. Schedule 3: Reporting Requirements: Templates and timing for required reports and documentation

4. Schedule 4: Service Level Requirements: Specific performance metrics and service standards

5. Schedule 5: Approved Suppliers: List of pre-approved suppliers or supplier criteria

6. Appendix A: Communication Protocols: Detailed procedures for routine and emergency communications

7. Appendix B: Quality Control Procedures: Specific quality control and inspection requirements

Authors

Alex Denne

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

Jurisdiction

New Zealand

Publisher

Ƶ

Document Type

Agency Agreement

Cost

Free to use
Relevant legal definitions






































Clauses








































Relevant Industries

Manufacturing

Retail

Import/Export

Wholesale

Fashion and Apparel

Electronics

Consumer Goods

Industrial Equipment

Raw Materials

Textiles

Food and Beverage

Automotive

Relevant Teams

Procurement

Supply Chain

Legal

Operations

Finance

International Trade

Vendor Management

Commercial

Contract Administration

Risk Management

Compliance

Relevant Roles

Procurement Manager

Supply Chain Director

Sourcing Specialist

Commercial Manager

Operations Director

Chief Procurement Officer

Purchasing Manager

Category Manager

Supply Chain Manager

Contract Manager

Legal Counsel

Business Development Manager

International Trade Manager

Vendor Relations 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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