Food Broker Agreement Template for New Zealand

The Food Broker Agreement is a crucial commercial document used when a food manufacturer or supplier wishes to engage a broker to represent and sell their products in specific territories within New Zealand. This agreement type is essential for businesses operating in the food and beverage sector who want to expand their market reach through professional intermediaries. The document comprehensively addresses key aspects such as broker appointment, commission structures, compliance with New Zealand food safety regulations, and reporting requirements. It incorporates provisions that align with New Zealand's regulatory framework, including the Food Act 2014 and the Fair Trading Act 1986. The agreement is particularly relevant when companies need a formal arrangement for product representation while ensuring compliance with local food safety standards and commercial laws.

1. Parties: Identification of the principal (food manufacturer/supplier) and the broker, including full legal names and registered addresses

2. Background: Context of the agreement, including the principal's business, broker's expertise, and intention to establish a broker relationship

3. Definitions: Key terms used throughout the agreement, including 'Products', 'Territory', 'Commission', 'Customers', etc.

4. Appointment and Scope: Terms of broker's appointment, exclusivity status, and territorial boundaries

5. Broker's Rights and Obligations: Detailed responsibilities including customer solicitation, order processing, and compliance with food safety regulations

6. Principal's Rights and Obligations: Responsibilities including product information, support, training, and maintaining necessary licenses

7. Commission Structure: Detailed commission calculations, payment terms, and conditions for commission eligibility

8. Regulatory Compliance: Obligations regarding food safety, handling, storage, and compliance with relevant New Zealand regulations

9. Term and Termination: Duration of agreement, renewal terms, and termination provisions

10. Confidentiality: Protection of trade secrets, customer information, and other confidential information

11. Insurance and Liability: Insurance requirements and allocation of liability between parties

12. General Provisions: Standard clauses including governing law, dispute resolution, and entire agreement