THIS AGREEMENT is made on 16 October 2026 BETWEEN ____ of ____ (hereinafter referred to as "the 1st Party", which expression shall where the context so admits or requires include his/her successors in title and assigns) of the one part; AND EXPERTS CONSULT LIMITED of No. 43, Royalt Castle Road, Kokomlemle, Accra (hereinafter referred to as "the 2nd Party", which expression shall where the context so admits or requires include its successors in title and assigns) acting by its Branch Manager of the other part.
WHEREAS
1. The 1st Party agrees to employ the services of the 2nd Party to demand and collect or recover monies due and owed to the 1st Party; and 2. The 2nd Party agrees to collect or recover the said debt owed on behalf of the 1st Party.
A. OBLIGATIONS OF THE 2ND PARTY
1. Demand and/or recover the sum of ____ (GH¢ ____) owed to the 1st Party by ____ of ____, and to collect and receive the same for and on behalf of the 1st Party.
2. Upon the receipt of payments of such debts and recovery of same, to account to and pay the same to the 1st Party and in the name of the 1st Party to give and execute all necessary receipts and discharges for the same.
3. If the said sums of money or any part thereof shall not be paid, the 2nd Party shall take any legal or other proceedings authorized by law in the name of the 1st Party for the recovery and getting in of the same and brief counsel as they may see fit.
4. The 2nd Party shall generally do such lawful acts and things as the 2nd Party shall think advisable for the purposes aforesaid as fully and effectually in all respects as the 1st Party could do on its own.
5. In the event of legal action, the 2nd Party shall be responsible for the payment of the solicitors' fees and other incidental legal expenses.
B. OBLIGATIONS OF THE 1ST PARTY
1. Ratify and confirm all and whatsoever the 2nd Party shall lawfully do or cause to be done by virtue of this agreement.
2. Pay the 2nd Party a commission of fifteen per cent (15%) of any amount recovered administratively and twenty per cent (20%) of any amount recovered legally on behalf of the 1st Party.
3. In the event that legal action is to be instituted, the 1st Party shall pay or refund the filing fees to the 2nd Party.
4. Mandate the 2nd Party with a written Power of Attorney to enable the 2nd Party to represent the 1st Party in all legal matters in relation to the account referred; and
5. Pay the sum of One Thousand Five Hundred and Fifty Ghana Cedis (GH¢ 1,550) excluding VAT to the 2nd Party as registration fee and stamping of the Power of Attorney fee to render it a legal tender.
6. Should the matter be dealt with in court or negotiations by the 2nd Party, Two Thirds (2/3) of any interest paid by the debtors shall be paid to the 2nd Party, to enable the 2nd Party defray part of the solicitor's fees and other incidental court expenses.
C. PROVIDED ALWAYS THAT
1. Costs awarded in each case shall be for the exclusive benefit of the 2nd Party and shall be paid from any first instalment paid to either the 1st Party or the 2nd Party.
2. On the strength of this Agreement and from the date of execution of same, the 1st Party ceases to demand or appoint any other person or company to handle any cases referred to the 2nd Party unless this agreement is abrogated.
3. This agreement may only be abrogated by the party seeking to abrogate granting 30 days' notice of termination/abrogation; failure to comply with C(2) will warrant the payment of the agreed fees contained in B(2) and B(6) by the 1st Party.
4. All cases under litigation shall not be terminated, but where the 1st Party desires to terminate cases in which legal action has been initiated, it shall be deemed that the 2nd Party has fully discharged its obligations under this agreement, in which case the 1st Party shall pay to the 2nd Party full fees as agreed upon.
5. Where judgment has already been obtained on cases referred to the 2nd Party, the 1st Party shall pay all fees referred to in B(2) and B(6) of the agreement.
D. COMMENCEMENT AND DURATION
This Agreement shall commence from the date above-mentioned and shall remain in force until the completion of the obligations contained herein unless earlier determined as hereinafter specified.
E. DISPUTE RESOLUTION
In case of any dispute arising between the parties under this Agreement, it shall be referred to Negotiation, followed by Mediation and then to the court.
F. GOVERNING LAW
This Agreement shall be governed and construed under the laws of the Republic of Ghana.
G. MISCELLANEOUS
1. A variation of this agreement is valid only if it is in writing, and signed and/or sealed by or on behalf of each Party.
2. The provisions of this Agreement shall remain binding on the heirs, successors in title and assigns of the parties.
3. Except to the extent that they have been performed and except where this agreement provides otherwise, the warranties, indemnities and obligations contained in this agreement remain in force after the full performance of the obligations contained herein.
4. A notice or other communication under or in connection with this agreement shall be in writing, and shall be delivered personally or sent by registered mail, to the Party due to receive the notice or communication, at its address set out in this agreement or other address specified by that Party by written notice to the other.
POWER OF ATTORNEY
I, ____ of ____, do hereby appoint EXPERTS CONSULT LIMITED of No. 43, Royalt Castle Road, Kokomlemle, Accra as my lawful attorney and on my behalf and in my name to do the following acts and things:
1. To demand and receive all outstanding debts or sums of money owed to me by ____ of ____.
2. To institute and defend any legal action or claim in respect of the Debts as well as execute any agreement or discharge in relation to the recovery of the Debts.
3. To do such lawful acts and things in respect of the recovery of the Debts as the attorney may deem fit, including the power to engage Solicitors and professionals for the purpose aforesaid as fully and effectually as I may do it.
And I hereby agree and undertake to ratify and confirm all and whatsoever the attorney shall lawfully do or cause to be done by virtue of the Power herein granted.
