The Product Supply Contract is a fundamental commercial agreement used to formalize the supply relationship between a supplier and buyer under Belgian law. This document is essential when establishing ongoing supply arrangements for products, whether in manufacturing, retail, or distribution contexts. It incorporates key requirements from Belgian commercial law, including the Civil Code and Economic Law Code, while ensuring compliance with relevant EU regulations. The contract typically covers critical aspects such as product specifications, ordering processes, delivery terms, quality requirements, warranties, and risk allocation. It's particularly important for businesses operating in Belgium or those engaging with Belgian entities, as it provides legal certainty and clear operational guidelines while adhering to local legal requirements and business practices.
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1. Parties: Identification and details of the supplier and buyer, including registration numbers and addresses
2. Background: Context of the agreement and brief description of the parties' business relationship
3. Definitions: Definitions of key terms used throughout the agreement
4. Supply Obligations: Core obligations of the supplier regarding product delivery, quality, and quantity
5. Ordering Process: Procedures for placing and accepting orders, including minimum order quantities if applicable
6. Delivery Terms: Delivery timeframes, Incoterms, packaging requirements, and delivery documentation
7. Price and Payment: Product pricing, payment terms, invoicing procedures, and VAT requirements
8. Quality Requirements: Product specifications, quality standards, and quality control procedures
9. Title and Risk: Transfer of ownership and risk in the products
10. Warranties: Product warranties and quality guarantees
11. Liability and Indemnification: Allocation of risks and responsibilities between parties
12. Term and Termination: Duration of the agreement and termination rights
13. Force Majeure: Events excusing performance and procedures for handling force majeure situations
14. Confidentiality: Protection of confidential information exchanged during the business relationship
15. Governing Law and Jurisdiction: Confirmation of Belgian law as governing law and jurisdiction for disputes
1. Exclusivity: Used when supplier or buyer requires exclusive rights in certain territories or for certain products
2. Minimum Purchase Obligations: Include when buyer commits to minimum purchase quantities
3. Storage and Warehousing: Required when specific storage conditions or warehousing arrangements are needed
4. Insurance: Detailed insurance requirements beyond standard coverage
5. Intellectual Property: Include when products involve patents, trademarks, or other IP rights
6. Compliance with Laws: Specific section for highly regulated products or industries
7. Product Training: Include when supplier must provide training on product use or handling
8. Returns and Recalls: Detailed procedures for product returns or recalls, essential for certain product types
9. Change Control: Procedures for handling changes to product specifications or requirements
1. Schedule 1 - Product Specifications: Detailed technical specifications and quality standards for each product
2. Schedule 2 - Pricing Schedule: Detailed pricing information, including any volume discounts or price adjustment mechanisms
3. Schedule 3 - Service Levels: Specific performance metrics and service level requirements
4. Schedule 4 - Ordering Procedure: Detailed ordering process, including forms and systems to be used
5. Schedule 5 - Quality Control Procedures: Detailed quality control and testing procedures
6. Schedule 6 - Delivery Locations: List of approved delivery locations and specific delivery requirements
7. Appendix A - Contact Details: Key contact information for both parties
8. Appendix B - Product Safety Data: Safety information and handling instructions for products where applicable
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