Business agreement enquiry

[bryan_t]

I am looking to find if there is such a type of business agreement between companies where they do not encroach or knowingly provide services to the other party's customers?

Basically, I provide a middle-man type of service to my customer, for example, a unique repair capability that they do not have and I know a vendor who can fulfill this requirement. If I engage this vendor to provide that service, how can I ensure that this vendor will not approach my customer in future directly (bypassing me), or in the event my customer manage to find this vendor on their own, the vendor cannot accept this business and should direct the enquiry to me (sort of like a principal-agent relationship).

Trying to sort this out soon before I continue with this venture.

Any suggestions and thoughts are welcome.

Cheers
Bryan

 

[niteblu]

Re: Business agreement enquiry

I am looking to find if there is such a type of business agreement between companies where they do not encroach or knowingly provide services to the other party's customers?

Basically, I provide a middle-man type of service to my customer, for example, a unique repair capability that they do not have and I know a vendor who can fulfill this requirement. If I engage this vendor to provide that service, how can I ensure that this vendor will not approach my customer in future directly (bypassing me), or in the event my customer manage to find this vendor on their own, the vendor cannot accept this business and should direct the enquiry to me (sort of like a principal-agent relationship).

Trying to sort this out soon before I continue with this venture.

Any suggestions and thoughts are welcome.

Cheers
Bryan

Looks like you would want some form of exclusivity agreement with this vendor.
As if you were an agent of his.

However, if his service is not unique.
Then the customer can easily bypass you to find alternatives.

Also, if he sets up another co. to bypass you down the road.
Then there's little recourse, as the present co. is not implicated.

 

[bryan_t]

Re: Business agreement enquiry

yes, something like exclusivity agreement, but I have no samples to see how this can be phrased or drafted.

 

[Alexxx]

Re: Business agreement enquiry

i think you can draft a contract that prevents your vendor from working with the parent company? something like employment contracts whereby the temp staff cannot work for the said company for a period of 6 months after he quit?

 

[Carcinogenic]

Re: Business agreement enquiry

I dont believe such agreements are enforced out there on an individual contract basis. Basically its a case of whether or not you want to be despicable and potong jalan your client's customers. There are so many such business examples out there where suppliers dont steal their client's biz. They wont do that for simple reasons such as reputation, cost and the need to further build their own clientele. You would be in a similar industry hence all you have to do is spread the word and that supplier is finished, S'pore is that small. Same for major brands here, they usually just sign for "Authorized Agent" where you worry about your competitors instead, or "Sole Distributorship" on a larger scale. Shipping involves tons of middleman, i believe advertising too, and even those car parts dealers on this forum.
Should i want to really protect myself, I wouldnt even bring up the contract and reveal who my client is.
However, should your client unknowingly approach your supplier... depends on scenario which could really be anything. First, lets say you wanna buy a watch, Sinn. You email germany... they will gladly point you to their agents in sg rather than sell you directly, hence they dont bypass their middleman. Second would be, you are sourcing for printers and you find Company A,B & C. Unknown to you, A & B are actually middleman on their own and they use C to actually print. Can anyone fault you should you chose C?
I believe in most biz, there is always a different price from the supplier to end user or sub contractor. Thats how the honest ball rolls....

 

[E92-Lighting]

Re: Business agreement enquiry

get an exclusive contract in writing, thats the only way i know..

 

[MW]

Re: Business agreement enquiry

Its called a Non-Circumvention Agreement. It is enforceable here and overseas subject to the Unfair Contract Terms Act and any other local/country labour or Anti-Trust or Anti-Competition laws

Google it and you can find tons of samples...

DON'T Google Non-Circumcision Agreement..no such agreement

 

[satinGHOST|r!der]

Re: Business agreement enquiry

Its called a Non-Circumvention Agreement. It is enforceable here and overseas subject to the Unfair Contract Terms Act and any other local/country labour or Anti-Trust or Anti-Competition laws

Google it and you can find tons of samples...

DON'T Google Non-Circumcision Agreement..no such agreement

MW,

You are quite bright today I realised.

 

[MW]

Re: Business agreement enquiry

MW,

You are quite bright today I realised.

Yah man, the Non-Circumcision Agreement one if you want I can draft for you FOC.

 

[E92-Lighting]

Re: Business agreement enquiry

Yah man, the Non-Circumcision Agreement one if you want I can draft for you FOC.

you take law classes before

 

[satinGHOST|r!der]

Re: Business agreement enquiry

you take law classes before

He is a Lawyao!

Yah man, the Non-Circumcision Agreement one if you want I can draft for you FOC.

Why thank you. You should do that for Kentonna.

 

[bryan_t]

Re: Business agreement enquiry

Its called a Non-Circumvention Agreement. It is enforceable here and overseas subject to the Unfair Contract Terms Act and any other local/country labour or Anti-Trust or Anti-Competition laws

Google it and you can find tons of samples...

DON'T Google Non-Circumcision Agreement..no such agreement

Lawyer in the house!! :woottt:

thanks.

Just need representatives from both companies to acknowledge or need lawyers involved to witness?

 

[MW]

Re: Business agreement enquiry

Must sign the agreement lah, and of cos got witness is best but not necessary. No need lawyers unless you want it to be in Deed form.

 

[zorro]

Re: Business agreement enquiry

The top income earners in Spore are the bankers and lawyers and our ministers peg their pay according to these profession...I visited a very expensive dental surgeon recently and told the doctor that he must be driving a Lambo with the kind of charges and he protested immediatley that his income is no where near the bankers and the lawyers here...