Purchase Order Share Template

PURCHASE ORDER SHARE AGREEMENT

Parties

Recitals

WHEREAS, Purchaser and Supplier desire to establish a process by which certain purchase orders originated by Purchaser or its customers will be shared with Supplier for fulfillment, procurement, or resale pursuant to the terms set forth in this Agreement; and

WHEREAS, the parties wish to document the allocation of purchase order information, revenue sharing, payment terms, and responsibilities with respect to order acceptance, delivery, and records retention;

NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties agree as follows as of the Effective Date:

Scope of Work

Supplier shall receive and process purchase orders shared by Purchaser according to the procedures and limitations described below. Supplier shall be responsible for procurement, packaging, quality control, and shipment unless otherwise specified in an individual purchase order. Purchaser shall retain the right to approve material changes to the order prior to fulfillment.

Purchase Order Details

Standard Purchase Order Number:    PO Date:    Currency:

Buyer Name:

Order Acceptance Required:    Backorder Policy:

Payment Terms

Purchaser shall pay Supplier for purchase orders shared under this Agreement in accordance with the amounts and schedule below. All payments shall be in cleared funds in the agreed currency.

Payments not received within the agreed terms shall accrue interest as stated above and Supplier may suspend performance of outstanding purchase orders after providing written notice of non-payment and a reasonable cure period.

Term and Termination

This Agreement commences on the Start Date and continues until the End Date unless earlier terminated in accordance with this section.

Start Date:    End Date:

Either party may terminate for material breach if the breaching party fails to cure within the notice period specified above following delivery of written notice. Termination shall not relieve either party of obligations accrued prior to termination.

Confidentiality

Each party shall hold in confidence all confidential information disclosed by the other party in connection with this Agreement and shall not disclose such information except to its employees, agents, or contractors who have a need to know and who are bound by confidentiality obligations no less restrictive than those herein. Confidential information does not include information that is publicly known through no breach of this Agreement or required to be disclosed by law.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction set forth below without regard to its conflicts of laws principles.

Entire Agreement

This Agreement, together with any purchase orders or attachments executed pursuant hereto, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior proposals, negotiations, conversations, and prior agreements, whether written or oral. Any amendment must be in writing and signed by authorized representatives of both parties.

Additional Provisions

Records and audit rights: Supplier shall retain records relating to fulfillment and payment for a period of years and shall permit Purchaser to audit such records upon reasonable notice and during normal business hours.

Assignment: Neither party may assign this Agreement without the prior written consent of the other, except to a successor entity in connection with a merger or sale of substantially all assets.

Sign Now