Sometimes business entities are trying to achieve a stable relationship, referring to the partners or to the subjects, leading similar activities.For example, the store sells equipment, but can not alone provide warranty service due to lack of space, employees of a suitable profile and so on. Of course, you can rent appropriate premises, hire specialists, but that would entail significant costs, and therefore, is not always beneficial,and more - even at a loss.
But the provision of related services necessary product.What to do?The easiest way out - to sign an agreement on mutual cooperation with companies or professionals, ready to provide these services.Fairly common situation: two companies can provide services (installation of the equipment, installation, repair or just warranty), sharing customers.Agreement on cooperation usually leads to mutual benefit: first the company did not have to worry about additional costs, and the second gets more customers.
In such situations, it may be a question of the conclusion of contracts of joint activities (simple partnership), as provided by law.The activities, which implies the achievement of common goals for both companies (with the possible connection of contributions in particular), to create a common legal entity is not required.According to the first paragraph of Article 1042 of the Civil Code specified in the contribution of the partnership - that is all that can be made (or were made) in total for the parties to the case: the knowledge, assets, skills, money, communications, business reputation.Although the property as contributions paid fairly rare.Typically, the exchange of bonds already mentioned, reputation, information, knowledge, etc.
In addition, the rules of the Civil Code regulated mainly property relations mates (distribution costs, profit, responsibilities, accounting of all the common property).
But in practice these issues on their own side is adjusted infrequently, doing only an expression of intent on the provision of mutual services, assistance for information, etc.As a rule, the parties rarely expect direct profit partners, drawing from her own existing assets.
It is therefore formally conclude a cooperation agreement (template you provide law firms).Framework Agreement and looks primitive, but it requires to fulfill the prescribed points of both sides.Moreover, it is desirable to specify and responsibility for any failure to comply with the obligations specified in the contract.
Let's shop selling technique, found the firm agreed to hold its warranty repair and signed a cooperation agreement.For their part, repair company, for whatever reason, the services specified in the contract, did not have.What happens?Shop unwittingly break the law, because it corresponds to the purchaser of the goods sold, and even makes a loss.Can he recover them from the grade?Definitely can.
avoid unnecessary disputes (and for the sake of clarity), a cooperation agreement must contain accurate information about the services provided by each other, about the risks of situations involving damages.It is necessary to specify (and record) time frame in which the guilty party losses are repaid.
Of course, the cooperation agreement should not only be free of charge.It can be combined treaty governing the execution of works, agency activity and so on. Refine it better in certain documents, and the major issues can be addressed in the general agreement.
Despite the simple form, a cooperation agreement has difficulty: you can register here, it would seem that you want, but the lack of a point (or the slightest inaccuracy) can make the document invalid (non-working at all or working for one side).Therefore, the development of the agreement is to entrust lawyers components such documents and having sufficient experience in this business.
