The Supply And Installation Agreement is essential for projects where the procurement of equipment or systems is combined with professional installation services. This document type is particularly relevant under Belgian law, which imposes specific obligations on contractors and suppliers, including a 10-year liability period for certain installations. The agreement covers crucial elements such as technical specifications, delivery terms, installation procedures, testing protocols, warranties, and acceptance criteria. It should be used when organizations require a formal framework for managing the supply and installation of equipment, systems, or infrastructure, ensuring clear allocation of responsibilities and risks between parties. The document incorporates Belgian regulatory requirements regarding safety, environmental protection, and worker welfare, making it suitable for both domestic and international transactions where Belgian law governs the relationship.
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1. Parties: Identification and details of the supplier and customer
2. Background: Context of the agreement and brief description of the project scope
3. Definitions and Interpretation: Definitions of key terms and interpretation rules
4. Scope of Supply and Installation: Detailed description of goods to be supplied and installation services
5. Price and Payment Terms: Pricing structure, payment schedule, invoicing, and payment conditions
6. Delivery and Installation Timeline: Delivery schedule, installation milestones, and completion dates
7. Site Access and Preparation: Requirements for site access, preparation responsibilities, and site conditions
8. Testing and Acceptance: Testing procedures, acceptance criteria, and sign-off requirements
9. Title and Risk: Transfer of ownership and risk allocation
10. Warranties and Defects Liability: Warranty terms, defect resolution process, and liability period
11. Insurance and Liability: Insurance requirements and liability limitations
12. Intellectual Property: IP rights, licenses, and infringement provisions
13. Confidentiality: Protection of confidential information and trade secrets
14. Force Majeure: Events excusing performance and consequent procedures
15. Termination: Termination rights, procedures, and consequences
16. Governing Law and Dispute Resolution: Choice of law and dispute resolution mechanisms
17. General Provisions: Standard boilerplate clauses including notices, assignment, and entire agreement
1. Health and Safety: Specific health and safety requirements - include when installation involves high-risk activities
2. Environmental Compliance: Environmental protection measures - include when installation has environmental impact
3. Training and Documentation: Training requirements and documentation delivery - include for complex equipment
4. Maintenance Services: Post-installation maintenance terms - include if ongoing maintenance is part of the deal
5. Permits and Licenses: Responsibility for obtaining permits - include when special permits are required
6. Security Requirements: Security protocols and clearances - include for sensitive installations
7. Software and Updates: Software licensing and update terms - include when software is part of supply
8. Performance Guarantees: Specific performance metrics and guarantees - include for performance-critical installations
9. Customs and Import: Import/export requirements - include for international supplies
1. Schedule 1 - Technical Specifications: Detailed technical specifications of goods and installation requirements
2. Schedule 2 - Pricing Schedule: Detailed breakdown of prices, rates, and payment milestones
3. Schedule 3 - Project Timeline: Detailed project schedule including delivery and installation milestones
4. Schedule 4 - Site Requirements: Specific site preparation requirements and conditions
5. Schedule 5 - Testing Procedures: Detailed testing and commissioning procedures
6. Schedule 6 - Service Level Agreement: Performance standards and service levels for installation and support
7. Schedule 7 - Forms and Certificates: Template forms for acceptance, completion certificates, and other documentation
8. Schedule 8 - Insurance Requirements: Detailed insurance requirements and coverage levels
9. Appendix A - Site Plans: Relevant site plans and drawings
10. Appendix B - Safety Procedures: Safety protocols and procedures for installation work
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