MATERIALS-ONLY PURCHASE AGENT AGREEMENT



MATERIALS-ONLY PURCHASE AGENT AGREEMENTFOR TAX-EXEMPT PURCHASES OF MATERIALSThis Materials Purchasing Agent Agreement (“Agreement”) is made as of XXXXXXXX ##, 20##, by and between YYYYYYYY, a tax-exempt entity (“Owner”) and ZZZZZZZZ, a Minnesota Corporation (“Agent”).Persuant to Minnesota Revenue Notice #95-05: Sales and Use Tax – Construction Contracts – Purchasing Agent Exemption, the Owner, by signing, agrees to the Requirements, Eligibility and Appointments listed below and authorizes ZZZZZZZZ. to act as Purchasing Agent for the attached materials.REQUIREMENTSThe construction contract is not a lump-sum contract or similar type of contract with a guaranteed maximum price covering materials and labor.The purchases are made for the buildings and facilities used principally by the exempt entity, whose Sales Tax Exemption Certificate is attached. ELIGIBILITYThe exempt entity advertises for separate bids for materials and labor.The exempt entity may accept one bid without accepting both bids.Separate PO’s are issued for the accepted bids for materials and labor. APPOINTMENTThe Owner hereby appoints ZZZZZZZZ as its Purchasing Agent.The Owner takes title to all materials and supplies at the point of delivery.The Owner has the risk of loss for all materials and supplies.The Owner has responsibility for all defective materials and supplies, including those incorporated into realty. The Agent shall, if requested by Owner, act as the Owner’s agent in resolving disputes with materials suppliers and manufacturers as to defective materials, subject to the Owner’s final approval.IN WITNESS THEREOF, the parties hereto have executed this Agreement by their duly authorized representatives, effective as of the day and year written above.OWNER:AGENT:_______________________________________By: By: Its: Its: ................
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