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Sourcing Fee Agreement Template for South Africa

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Key Requirements PROMPT example:

Sourcing Fee Agreement

"I need a Sourcing Fee Agreement for my manufacturing company in Johannesburg, where we'll appoint an agent to source raw materials from Asian suppliers, with a combined fixed and success-based fee structure, starting March 2025."

Document background
The Sourcing Fee Agreement is a crucial document used when businesses engage external expertise to identify and secure goods, services, or business opportunities. This agreement, governed by South African law, is particularly relevant in today's complex supply chain environment where companies increasingly rely on specialized sourcing agents to access new markets, suppliers, or opportunities. The document typically includes detailed fee structures, which may be fixed, performance-based, or a combination of both, and ensures compliance with South African commercial and financial services regulations. It's commonly used when companies need to formalize their relationship with sourcing agents, establish clear performance metrics, and protect both parties' interests while maintaining transparency in the procurement process.
Suggested Sections

1. Parties: Identifies and provides full details of the contracting parties - the sourcing agent/company and the client

2. Background: Explains the context of the agreement, including the client's need for sourcing services and the agent's capability to provide them

3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes rules of interpretation

4. Appointment and Scope of Services: Details the formal appointment of the sourcing agent and specifies the exact services to be provided

5. Fee Structure and Payment Terms: Specifies the fees, calculation methods, payment schedules, and any additional costs

6. Duration and Termination: Specifies the term of the agreement and conditions for termination

7. Obligations of the Sourcing Agent: Details the responsibilities and duties of the sourcing agent

8. Obligations of the Client: Outlines the client's responsibilities and cooperation requirements

9. Confidentiality: Establishes confidentiality obligations for both parties

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

11. Liability and Indemnification: Sets out liability limitations and indemnification provisions

12. General Provisions: Includes standard clauses such as notices, entire agreement, and governing law

Optional Sections

1. Exclusivity: Used when the sourcing agent is granted exclusive rights for specific products/services or territories

2. Performance Metrics: Include when specific performance standards or KPIs are required

3. Force Majeure: Optional clause for circumstances beyond parties' control, particularly relevant in international sourcing

4. Anti-Corruption and Compliance: Important when dealing with international sourcing or regulated industries

5. Insurance Requirements: Include when specific insurance coverage is required from either party

6. Dispute Resolution: Optional detailed procedures for handling disputes, including mediation or arbitration

7. Data Protection: Required when personal data processing is involved in the sourcing activities

8. Sub-contracting: Include when the sourcing agent may need to engage sub-contractors

Suggested Schedules

1. Schedule A - Service Description: Detailed description of the sourcing services to be provided

2. Schedule B - Fee Schedule: Detailed breakdown of fees, rates, and calculation methods

3. Schedule C - Territory/Product List: Specific territories or products covered by the agreement

4. Schedule D - Performance Metrics: Detailed KPIs and performance measurement criteria

5. Schedule E - Approved Sub-contractors: List of pre-approved sub-contractors if applicable

6. Appendix 1 - Required Documentation: Lists required documentation for sourcing activities

7. Appendix 2 - Reporting Templates: Standard templates for required reports and documentation

Authors

Alex Denne

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

Relevant legal definitions


































Clauses





































Relevant Industries

Manufacturing

Retail

Technology

Construction

Mining

Agriculture

Automotive

Healthcare

Telecommunications

Energy

Financial Services

Logistics

Import/Export

Relevant Teams

Procurement

Supply Chain

Legal

Finance

Operations

Business Development

Commercial

Vendor Management

Contract Management

Risk Management

Relevant Roles

Procurement Manager

Supply Chain Director

Chief Procurement Officer

Sourcing Specialist

Vendor Relations Manager

Business Development Manager

Commercial Director

Contract Manager

Supply Chain Consultant

Purchasing Manager

Strategic Sourcing Manager

Operations Director

Chief Financial Officer

Legal Counsel

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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