CHAPTER 16
Consulting Contract of this book is on contracts for the sales of goods. A contract for the sale of services has its own special problems, some of which are noted here. In the process of selling or buying goods, it is quite possible that you will need to establish service contracts. You may need a survey of the markets, a public relations promotion, or undercover investigation on infringement. The following contract is for a one-time consultation. If the need for services is ongoing, you may consider entering a retainer contract, by which the service provider agrees to furnish services for a monthly or annual fee. However, you must be extremely careful when making long-term service contracts overseas. In some countries, labor laws may require substantial payments for the termination of a consultant hired under a retainer agreement.
THE PRIMARY FOCUS
Sample: Consulting Contract This Agreement is made as of [date], between [name], [a/an] [description and nationality] of [address] (the “Company”) and [name] of [address], [a/an] [description and nationality] (the “Consultant”), on the terms following:
The parties identified in this clause should be the ones signing the agreement. Give the full name of each party and their business address. If a party is an entity, describe the type of entity (partnership, corporation, limited liability company, nonprofit corporation, and so forth). In international contracts, the description of each party includes the party’s nationality. Examples of descriptions: “a Société Anonyme organized and existing under the laws of France,” “a partnership organized and existing under the laws of the State of California in the United States of America,” or “an individual who is a citizen of Singapore.”
COMMENT:
1 . E N G A G E M E N T . The Company engages the Consultant and the Consultant agrees to provide independent consulting services for purposes of [specify, e.g., surveying the consumer market in (country) for the sale of the Company’s Goods]. 2 . T E R M . This Agreement will begin on [date] and will continue until the
Consultant renders a final market survey report to the Company. The parties agree that the market survey report will be submitted to the Company no later than [date]. 3 . E F F O R T S O F C O N S U L T A N T . The Consultant will furnish the consulting
services to the best of the Consultant’s ability. The Consultant will devote reasonable and conscientious effort to the consulting services. The parties acknowledge that the Consultant’s services are provided on a nonexclusive basis and will be performed at the locations and times that are convenient to the Consultant. Further, the Consultant will ensure that the services are in
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