This Purchasing Agent Agreement is designed for use when a company (Principal) wishes to formally appoint an individual or entity to act as their purchasing agent in Austria or internationally under Austrian law. The document establishes the legal framework for the agent's purchasing activities, including authority limits, product specifications, vendor relationships, and reporting requirements. It incorporates necessary provisions to comply with Austrian commercial law, particularly the UGB and ABGB, while addressing practical business needs such as commission structures, performance metrics, and risk management. The agreement is particularly valuable for companies seeking to outsource or delegate their procurement functions while maintaining control over purchasing decisions and ensuring compliance with legal and commercial requirements.
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1. Parties: Identification and details of the Principal and the Purchasing Agent
2. Background: Context of the agreement and general business relationship
3. Definitions: Key terms used throughout the agreement
4. Appointment and Scope: Formal appointment of the agent and detailed scope of authority
5. Term and Termination: Duration of the agreement and termination provisions
6. Agent's Authority: Specific powers and limitations of the agent's purchasing authority
7. Duties of the Agent: Key responsibilities and obligations of the purchasing agent
8. Principal's Obligations: Responsibilities and obligations of the principal
9. Compensation and Payment Terms: Agent's fees, commission structure, and payment details
10. Reporting Requirements: Required reports, frequency, and content of agent's reporting
11. Confidentiality: Protection of confidential information and trade secrets
12. Liability and Indemnification: Allocation of risks and indemnification obligations
13. Governing Law and Jurisdiction: Specification of Austrian law and jurisdiction
14. General Provisions: Standard boilerplate clauses including notices, amendments, etc.
1. Non-Competition: Restrictions on agent's activities with competitors, used when agent has access to sensitive market information
2. Insurance Requirements: Specific insurance obligations, included when high-value purchases are involved
3. Force Majeure: Provisions for unforeseeable circumstances, particularly relevant for international purchasing
4. Data Protection: GDPR compliance provisions, required when personal data processing is involved
5. Environmental Compliance: Green purchasing requirements, included when environmental standards are crucial
6. Anti-Corruption: Compliance with anti-corruption laws, essential for international transactions
7. Sub-Agents: Rules for appointment of sub-agents, included when sub-delegation might be necessary
1. Schedule 1 - Purchasing Parameters: Detailed guidelines for purchase limits, approved vendors, and decision-making authority
2. Schedule 2 - Commission Structure: Detailed breakdown of commission rates and calculation methods
3. Schedule 3 - Reporting Templates: Standard forms and templates for required reports
4. Schedule 4 - Approved Products/Services: List of products or services the agent is authorized to purchase
5. Schedule 5 - Territory: Geographic scope of agent's authority if territorially limited
6. Appendix A - Power of Attorney: Formal power of attorney document if required under Austrian law
7. Appendix B - Compliance Guidelines: Detailed compliance procedures and requirements
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