Cooperation Agreement

Sometimes the subjects of economic activity try to achieve stable relations, referring to partners, or to the subjects conducting similar activities. Let's say the store sells the equipment, but can not provide warranty service on its own due to lack of space, employees of the appropriate profile, etc. Of course, it is possible to rent the relevant premises, hire specialists, but this will entail substantial expenses, which means that it is not always profitable, But more often - even unprofitable.

But the provision of related services is necessary. What to do? The most convenient way out is to sign an agreement on mutual cooperation with companies or specialists ready to provide these services. Quite often the situation is: two firms can provide services (installation of equipment, electrical installation, repair or simply warranty service), exchanging customers. The agreement on cooperation, as a rule, leads to mutual benefit: the first firm does not need to think about additional costs, and the second receives additional customers.

In such situations, it may be a question of concluding agreements of joint activity (simple partnership), which is provided by law. Activities that imply the achievement of common goals for both companies (with the possible connection of deposits including), the creation of a common legal entity does not require. According to the first part of Article 1042, specified in the Civil Code of the Russian Federation, the contribution to the partnership is everything that can be contributed (or was made) to the common cause for the parties: knowledge, property, skills, money, communications, business reputation. Although the property, as a contribution, is infrequently introduced. Usually, the already mentioned links, reputation, information, knowledge, etc. are exchanged.

In addition, the norms of the Civil Code are mainly regulated by the property relations of partners (distribution of costs, profits, liabilities, accounting of all common property).

But in practice these issues are rarely regulated by the parties themselves, bypassing only the expression of intentions to provide mutual services, assistance, information, etc. As a rule, the parties rarely expect from partners direct profits, extracting it independently from existing assets.

That's why it's worth formally signing an agreement on cooperation, (a template you will be provided in law firms). The agreement looks framework and primitive, but obliges both parties to fulfill the prescribed items. And in it it is desirable to indicate and responsibility for possible failure to fulfill the obligations specified in the contract.

Suppose a store selling equipment found a firm that agreed to carry out its warranty repair, and signed a cooperation agreement. For its part, the repair firm for some reason did not render the service specified in the contract. What happens? The store involuntarily breaks the law, because it is responsible to the buyers for the goods being sold, moreover it incurs losses. Can he recover them from an unscrupulous partner? Definitely can.

In order to avoid unnecessary disputes (and for the sake of clarity), the cooperation agreement should contain accurate information on the services provided to each other, on risks, on situations involving damages. It is worth stipulating (and fixing) the time frame in which losses are paid off by the guilty party.

Of course, an agreement on cooperation should not only be free of charge. There can be a combined contract regulating work execution, agency activity, etc. It is better to specify this in individual documents, and the main issues can be covered in the general agreement.

Despite the simple form, the cooperation agreement has difficulties: you can prescribe anything here, it would seem, but the absence of any item (or the slightest inaccuracy) can make the document invalid (not working at all, or working for one party). Therefore, the development of an agreement should be entrusted to lawyers who make up such documents and have sufficient experience in this matter.