Barter Agreement: Definition, Example
Jump to Section
What is a Barter Agreement?
A barter agreement is a legal contract that outlines the terms of trade between parties. This could be a trade of goods, services, products, or similar. Barter agreements are often used in place of exchanging cash or monetary payments. This agreement may also be called an "exchange of services" agreement.
An example of bartering could be a farmer who produces soybeans may enter into a barter agreement with a farmer who produces fertilizer, both agreeing to exchange amounts of their product with each other for mutual benefit. Barter agreements cannot work with land but exclusively involve exchanges of goods and services between parties.
Barter Agreement Sample
Exhibit 10.ii.g
AGREEMENT
By these presents, the parties below, namely:
| (1) | CARGILL AGRÍCOLA S.A., a limited liability corporation with principal offices at Avenida Morumbi, 8234, city of São Paulo, state of São Paulo, CNPJ/MF no. 60.498.706/0001-57, here represented by its undersigned legal representatives and hereinafter simply called “Cargill”, and |
| (2) | MOSAIC FERTILIZANTES DO BRASIL S.A., a limited liability corporation with principal offices at Avenida Morumbi, 8234, 3º andar, city of São Paulo, state of São Paulo, CNPJ/MF no. 61.156.501/0001-56, here represented by its undersigned legal representatives and hereinafter simply called “Mosaic”; |
Cargill and Mosaic will hereinafter be called individually and without distinction “Party” and jointly “Parties;
WHEREAS:
| (A) | In the performance of its activities, Cargill is entitled to purchase soybeans from farmers anywhere within Brazilian territory (“Territory”); |
| (B) | In the performance of its activities, Mosaic is entitled to sell fertilizers to farmers within the Territory; |
| (C) | The Parties may have common customers and in light of this fact they wish to agree that Cargill, upon request by and consent of its customers, may transfer to Mosaic all or part of the prepayment agreed with such farmers for the purchase of their soybeans, in order to pay the debts these farmers may have with Mosaic; |
The Parties hereby execute this agreement, which will be governed by the following clauses and conditions.
| 1. | By these presents and in strict compliance with applicable laws, the Parties agree that if in the performance of their activities they find any common customers, Cargill will transfer to Mosaic, always following request by and consent of such customers, all or part of the amount equivalent to the prepayment Cargill has agreed with such customers for the acquisition of soybeans, in accordance with the amount of such prepayment the customers authorize for transfer to Mosaic. |
| 2. | Once Cargill pays this amount to Mosaic, as provided in the previous item, Mosaic, if requested by the customer, will provide to the customers the documents certifying that the fertilizers have been duly paid. |
| 3. | It is hereby agreed that the customer will be solely responsible for delivering the soybeans to Cargill, meaning that in the event the customer defaults on the delivery of the soybeans to Cargill, Mosaic will not be obliged to refund Cargill of any amounts paid under Clause 1 above. |
| 4. | It is hereby agreed that Cargill will comply with the provisions of Clause 1 only after Cargill’s customers meet all requirements demanded by Cargill for the prepayment of soybeans, and only after such customers request and authorize such prepayment to be transferred to Mosaic. |
1
| 5. | This agreement will remain in effect for an open term and may be cancelled by any of Parties upon written notice to the other Party ninety (90) days in advance. |
| 6. | If one or more of the provisions contained herein are considered invalid, illegal or unenforceable for any reason whatsoever, the validity, legality or enforcement of the remaining provisions herein will not under any aspect be affected or harmed by such fact. The Parties will negotiate in good faith the substitution of the invalid, illegal or unenforceable provisions for other valid provisions whose economic effect is as close as possible to that of the invalid, illegal or unenforceable provisions. |
| 7. | The Parties must mutually preserve the confidentiality of the terms agreed hereunder and will not disclose such terms to any third parties without the express consent from the other Party. |
| 8. | This Agreement supersedes and substitutes any other verbal or written agreement between the Parties in regard to the subject matter thereof. |
| 9. | It is hereby agreed that in the event any of the Parties hereto waives any right hereunder, such waiver will not be considered novation and/or transaction, and all obligations undertaken by the other Party will remain in full effect. |
| 10. | Any and all notices, communications and notifications related to this Agreement must be made in writing and will be sent to the addresses listed in the preamble hereof. |
| 11. | The Foro da Comarca da Capital do Estado de São Paulo will be the sole jurisdiction to address any doubts arising hereunder. |
In witness whereof the Parties execute this Agreement in two copies of equal form and content, in the presence of the two undersigned witnesses.
São Paulo, 31 May 2005
[signature]
CARGILL AGÍCOLA S.A.
José L. Glaser
[signature]
Ricardo Nascimbeni
[signature]
MOSAIC FERTILIZANTES DO BRASIL S.A.
Richard Neil McLellan
RNE: V367574-1
CPF: 230.051.088-05
[signature]
Edvaldo Gonçalves da Silva
RG: 2771526 SSP/MG
CPF: 435.176.176-87
[signature]
E. Teixeira
Legal Department
[signature]
[illegible]
2
WITNESSES
[signature]
Name: Liliana N. de Jesus
RG: 22.397.720-2
[signature]
Name: Rosemeire Ferrari
RG: 16.492.107
3
Reference:
Security Exchange Commission - Edgar Database, EX-10.II.G 8 dex10iig.htm BARTER AGREEMENT, Viewed October 13, 2021, View Source on SEC.
Who Helps With Barter Agreements?
Lawyers with backgrounds working on barter agreements work with clients to help. Do you need help with a barter agreement?
Post a project in ContractsCounsel's marketplace to get free bids from lawyers to draft, review, or negotiate barter agreements. All lawyers are vetted by our team and peer reviewed by our customers for you to explore before hiring.
ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.
Meet some of our Barter Agreement Lawyers
Joseph D.
Corporate attorney with 10+ years of experience, primarily for boutique transactional firms located in New York City.
Don S.
I’m a New York-licensed attorney with over 12 years of experience in business law, commercial transactions, and cross-border advisory work. I regularly assist companies—ranging from startups to multinational firms—with drafting and negotiating key commercial agreements, including service contracts, distribution and reseller agreements, SaaS terms, joint venture arrangements, and NDAs. My background includes advising on business entity formation, contract structuring, and risk allocation across a wide range of industries, including tech, finance, and professional services. I also have experience serving as outside counsel to growing companies, providing practical, business-oriented legal support across a variety of matters. I’m responsive, efficient, and accustomed to working independently with minimal oversight. I'm the founder and principal attorney of a solo practice law firm based in New York, which I manage remotely as a global/digital nomad. My primary practice area concerns cross-border transactions between U.S. investors and private fund managers in Asia.
April 3, 2025
Daniel S.
Experienced real estate attorney.
April 4, 2025
Christopher M.
Experienced in-house counsel with a strong track record in commercial contracting, data privacy, and regulatory compliance across global organizations. Skilled at aligning legal strategy with business objectives, negotiating complex agreements, and mitigating enterprise risk. Passionate about enabling innovation through practical, business-focused legal solutions.
April 4, 2025
Brandon S.
I am a litigation expert of five years with tax experience, strict product liability, sexual abuse, personal injury, motor vehicle accidents, and black mold.
April 10, 2025
Matthew S.
I possess vast experience on most if not all commercial real estate transactions from raw land to sales and other dispositions
April 7, 2025
Cheri H.
Attorney Hamilton has worked in public service for most of her career with positions in government at the federal and state levels serving as a judicial law clerk, attorney-advisor to federal agencies and an administrative judge for the state of Maryland. She also maintained her own law practice for several years where she assisted various clients with matters ranging from real estate transactions, contract disputes, family law, criminal law and religious law disputes. Attorney Hamilton most recently served as the Chief Legal Officer for a technology startup company and is the founder of Hamilton Advising & Consulting, LLC, a legal and business consulting firm supporting small to medium-sized entities with all things contracts.
Find the best lawyer for your project
Browse Lawyers Now
Quick, user friendly and one of the better ways I've come across to get ahold of lawyers willing to take new clients.
View Trustpilot ReviewHow It Works
Business lawyers by top cities
- Austin Business Lawyers
- Boston Business Lawyers
- Chicago Business Lawyers
- Dallas Business Lawyers
- Denver Business Lawyers
- Houston Business Lawyers
- Los Angeles Business Lawyers
- New York Business Lawyers
- Phoenix Business Lawyers
- San Diego Business Lawyers
- Tampa Business Lawyers
Barter Agreement lawyers by city
- Austin Barter Agreement Lawyers
- Boston Barter Agreement Lawyers
- Chicago Barter Agreement Lawyers
- Dallas Barter Agreement Lawyers
- Denver Barter Agreement Lawyers
- Houston Barter Agreement Lawyers
- Los Angeles Barter Agreement Lawyers
- New York Barter Agreement Lawyers
- Phoenix Barter Agreement Lawyers
- San Diego Barter Agreement Lawyers
- Tampa Barter Agreement Lawyers
Contracts Counsel was incredibly helpful and easy to use. I submitted a project for a lawyer's help within a day I had received over 6 proposals from qualified lawyers. I submitted a bid that works best for my business and we went forward with the project.
View Trustpilot Review
I never knew how difficult it was to obtain representation or a lawyer, and ContractsCounsel was EXACTLY the type of service I was hoping for when I was in a pinch. Working with their service was efficient, effective and made me feel in control. Thank you so much and should I ever need attorney services down the road, I'll certainly be a repeat customer.
View Trustpilot Review
I got 5 bids within 24h of posting my project. I choose the person who provided the most detailed and relevant intro letter, highlighting their experience relevant to my project. I am very satisfied with the outcome and quality of the two agreements that were produced, they actually far exceed my expectations.
View Trustpilot Review