The Supply and Delivery Contract is a crucial commercial document used to formalize and govern the relationship between suppliers and buyers of goods in Belgium. This agreement is particularly important when parties engage in regular or ongoing supply arrangements requiring detailed terms for ordering, delivery, quality standards, and risk allocation. The document is structured to comply with Belgian legal requirements, including the Civil Code and Commercial Code, while incorporating relevant EU regulations. It's designed to provide comprehensive coverage of all aspects of the supply relationship, from initial ordering to final delivery, including provisions for quality control, warranties, and dispute resolution. The agreement becomes especially relevant when dealing with significant supply volumes, regular deliveries, or when specific technical or quality requirements need to be met. Its modular structure, with optional sections and schedules, allows for customization based on specific industry needs and commercial arrangements.
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1. Parties: Identification and details of the supplier and buyer, including registration numbers and addresses
2. Background: Context of the supply arrangement and brief description of the parties' business relationship
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Supply: Detailed description of goods to be supplied and basic supply terms
5. Ordering Process: Procedures for placing and accepting orders, including minimum order quantities if applicable
6. Delivery Terms: Delivery timeframes, locations, and Incoterms rules applicable to deliveries
7. Price and Payment: Pricing structure, payment terms, invoicing procedures, and late payment consequences
8. Quality Requirements: Quality standards, specifications, and inspection rights
9. Title and Risk: Transfer of ownership and risk in the goods
10. Warranties: Warranties regarding the goods and their fitness for purpose
11. Liability and Indemnification: Limitation of liability and indemnification obligations
12. Force Majeure: Events constituting force majeure and their consequences
13. Term and Termination: Duration of the agreement and termination rights
14. Confidentiality: Protection of confidential information exchanged between parties
15. Governing Law and Jurisdiction: Application of Belgian law and jurisdiction for disputes
16. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment
1. Exclusivity: Terms of exclusive supply arrangement, used when supplier is granted exclusive rights
2. Forecast and Planning: Details of forecast requirements and planning processes, relevant for regular bulk supplies
3. Storage and Warehousing: Requirements for storage facilities and inventory management, needed for VMI arrangements
4. Insurance: Specific insurance requirements beyond standard coverage
5. Intellectual Property: IP rights and licenses, relevant when supplied goods involve proprietary technology
6. Compliance with Laws: Specific regulatory compliance requirements, important for regulated industries
7. Environmental Requirements: Environmental standards and compliance, relevant for hazardous or regulated materials
8. Documentation Requirements: Specific documentation needs, important for technical or regulated products
9. Training and Support: Requirements for training or technical support, relevant for complex products
10. Performance Metrics: KPIs and performance measurement criteria, used in strategic supply relationships
1. Schedule 1 - Product Specifications: Detailed technical specifications of the goods to be supplied
2. Schedule 2 - Pricing Schedule: Detailed pricing information, including any volume discounts or price adjustment mechanisms
3. Schedule 3 - Delivery Locations: List of approved delivery locations and specific delivery requirements for each
4. Schedule 4 - Quality Standards: Detailed quality requirements, testing procedures, and acceptance criteria
5. Schedule 5 - Service Levels: Specific service level requirements and measurements
6. Schedule 6 - Contact Details: Key contact persons and escalation procedures
7. Appendix A - Order Form Template: Standard form for placing orders under the agreement
8. Appendix B - Technical Documentation: Required technical documentation, certificates, or compliance documents
9. Appendix C - Return Procedures: Procedures for handling returns and rejected deliveries
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