Clarity for both parties
The purchase agreement is an agreement by which a buyer (customer) undertakes to purchase certain goods and/or services, whether or not exclusively, from a certain supplier.
On the (international) market, a purchase agreement (in the form of a framework agreement) is often practical because it sets out once-only the conditions under which your customer can purchase products or services from you. Often on the basis of a so-called (rolling) forecast, the customer can then order the products or services via a purchase order and the supplier can take this into account in his (production) planning. If a minimum purchase obligation applies, the supplier is also assured of minimum sales.
When do you enter into a purchase agreement?
You enter into a purchase agreement when you regularly purchase products or services from a party (the purchase agreement then takes on the character of a framework agreement), when you purchase a product or service with a high risk content or a high price (e.g. machines) or when you wish to enter into a special relationship with your supplier in any form.
For a single purchase of (non-risk or expensive) products or services, it is often more practical to refer your customers to your general terms and conditions of purchase by means of a quotation. However, this reference must meet certain formal requirements and you must then have tailor-made general terms and conditions of purchase at your disposal. See our page about general terms and conditions.
What does the delivery agreement say?
In the purchase agreement you include which products you purchase, how often and when you purchase the products, what these products must comply with, at what price and payment conditions you wish to purchase the products, which purchase conditions apply (e.g. incoterms), which guarantees apply to the products and to what extent your liability extends. In addition, you can also include other conditions in the purchase agreement, for example that you may carry out an incoming inspection test or other quality assurance agreements (also often to be included in a separate quality assurance agreement).
It is also very important that the purchase agreement states the circumstances under which the agreement may be dissolved.
Do you need help in drawing up a delivery agreement?
Would you like support in drawing up and negotiating a workable and legally clear purchase agreement? Or are you dealing with a dispute about or termination of a purchase agreement? Our legal experts will be happy to assist you. Please feel free to contact us for more information.