Sourcing Fee Agreement Template for Australia

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Key Requirements PROMPT example:

Sourcing Fee Agreement

"I need a Sourcing Fee Agreement for engaging a procurement specialist to source automotive parts suppliers in Asia, with a combined fixed and success fee structure, starting March 2025, including KPIs for supplier quality and delivery performance."

Document background
The Sourcing Fee Agreement is essential for businesses operating in Australia that engage external expertise for procurement and sourcing activities. This document type is commonly used when a company requires specialized assistance in identifying suppliers, products, or business opportunities, establishing clear terms for compensation and service delivery. The agreement must comply with Australian federal and state legislation, including competition law, consumer protection, and tax regulations. It typically includes detailed fee structures, which may combine fixed fees, success fees, and ongoing charges, along with specific performance metrics and reporting requirements. The document is crucial for protecting both parties' interests while ensuring transparency in commercial arrangements and compliance with Australian business practices.
Suggested Sections

1. Parties: Identifies and provides full details of all parties to the agreement

2. Background: Sets out the context and purpose of the agreement, including the parties' intentions

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

4. Appointment and Scope: Establishes the appointment of the sourcing agent and defines the scope of services

5. Term: Specifies the duration of the agreement, including start date and any renewal provisions

6. Fees and Payment Terms: Details the fee structure, calculation method, payment timing, and invoicing requirements

7. Services and Obligations: Specifies the detailed services to be provided and obligations of the sourcing agent

8. Client Obligations: Outlines the responsibilities and obligations of the client

9. Intellectual Property: Addresses ownership and usage rights of any IP created or used during the sourcing process

10. Confidentiality: Defines confidential information and establishes confidentiality obligations

11. Representations and Warranties: Contains standard warranties and representations from both parties

12. Liability and Indemnification: Sets out liability limitations and indemnification obligations

13. Termination: Specifies termination rights, process, and consequences

14. General Provisions: Contains standard boilerplate clauses including notices, assignment, and governing law

Optional Sections

1. Success Fee: Optional section for including performance-based fees or bonuses, used when the agreement includes success-based compensation

2. International Sourcing: Additional provisions for international sourcing activities, including currency, trade terms, and compliance with international laws

3. Exclusivity: Provisions for exclusive sourcing arrangements, used when the agent has exclusive rights

4. Key Performance Indicators: Defines specific performance metrics and targets, used when measuring agent performance is crucial

5. Sub-contractors: Provisions regarding the use of sub-contractors or third parties, used when sub-contracting is permitted

6. Insurance: Specific insurance requirements, used for high-value or high-risk sourcing activities

7. Compliance with Standards: Requirements for compliance with specific industry standards or certifications

8. Force Majeure: Provisions for unforeseen circumstances, particularly relevant for international sourcing

Suggested Schedules

1. Schedule 1 - Fee Schedule: Detailed breakdown of all fees, including base fees, success fees, and any other charges

2. Schedule 2 - Services Description: Detailed description of the sourcing services to be provided

3. Schedule 3 - Service Levels: Specific service levels and performance metrics if applicable

4. Schedule 4 - Approved Sub-contractors: List of pre-approved sub-contractors if relevant

5. Schedule 5 - Reporting Requirements: Templates and requirements for regular reporting

6. Schedule 6 - Territory Definition: Definition of geographical areas covered by the agreement if applicable

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

8. Appendix B - Required Documentation: Templates or examples 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

Relevant legal definitions
Clauses
Relevant Industries

Manufacturing

Retail

Technology

Construction

Mining

Agriculture

Healthcare

Fashion and Apparel

Automotive

Food and Beverage

Telecommunications

Energy

Professional Services

Industrial Equipment

Consumer Goods

Relevant Teams

Procurement

Supply Chain

Legal

Finance

Operations

Commercial

Vendor Management

Contract Management

Business Development

Risk Management

Compliance

Strategic Sourcing

Relevant Roles

Procurement Manager

Supply Chain Director

Chief Procurement Officer

Sourcing Specialist

Commercial Manager

Contract Manager

Business Development Manager

Operations Director

Finance Director

Legal Counsel

Purchasing Manager

Category Manager

Vendor Manager

Supply Chain Analyst

Strategic 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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