The Supply And Service Agreement is essential for businesses operating in India that require a consolidated contractual framework for both product supply and service delivery. This document is particularly relevant when a supplier provides physical goods along with associated services such as installation, maintenance, training, or ongoing support. It addresses the complexities of modern business relationships under Indian jurisdiction, incorporating requirements from various legislative frameworks including contract law, sale of goods, consumer protection, and taxation. The agreement is structured to protect both parties' interests while ensuring clarity in obligations, risk allocation, and performance standards. It's commonly used in scenarios ranging from technology implementations with hardware and support services to industrial equipment supply with maintenance agreements.
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1. Parties: Identification and details of the supplier and recipient, including registered addresses and company registration numbers
2. Background: Context of the agreement, business relationship, and purpose of the contract
3. Definitions: Detailed definitions of key terms used throughout the agreement
4. Scope of Supply and Services: Detailed description of goods to be supplied and services to be performed
5. Price and Payment Terms: Pricing structure, payment schedule, invoicing terms, and tax implications
6. Delivery and Performance: Delivery terms for goods, timeline for services, acceptance criteria
7. Quality and Standards: Quality requirements, compliance standards, and inspection rights
8. Warranties and Representations: Warranties for goods and services, supplier representations regarding capability and authority
9. Term and Termination: Duration of agreement, renewal terms, termination rights and consequences
10. Liability and Indemnification: Limitation of liability, indemnification obligations, and insurance requirements
11. Confidentiality: Protection of confidential information and trade secrets
12. Force Majeure: Provisions for unforeseen circumstances affecting performance
13. Dispute Resolution: Process for resolving disputes, jurisdiction, and governing law
14. General Provisions: Standard boilerplate clauses including notices, assignment, and entire agreement
1. Intellectual Property Rights: Required when IP creation or licensing is involved in the services
2. Data Protection: Necessary when personal data processing is part of the services
3. Environmental Compliance: Important for supplies involving hazardous materials or environmental implications
4. Import/Export Compliance: Required for international supply arrangements
5. Service Level Agreement: Needed when specific performance metrics and standards are crucial
6. Change Control: Important for long-term agreements where scope changes are likely
7. Business Continuity: Required for critical supply arrangements where continuity is essential
8. Anti-Corruption Compliance: Important for high-value contracts or government-related supplies
1. Schedule 1 - Goods and Services Specification: Detailed technical specifications of goods and services
2. Schedule 2 - Pricing Schedule: Detailed breakdown of prices, rates, and payment milestones
3. Schedule 3 - Service Levels: Performance metrics, KPIs, and measurement criteria
4. Schedule 4 - Form of Purchase Order: Template for ordering goods and services under the agreement
5. Schedule 5 - Delivery Locations: List of approved delivery locations and specific requirements
6. Schedule 6 - Key Personnel: Details of key staff assigned to service delivery
7. Appendix A - Quality Standards: Specific quality requirements and compliance standards
8. Appendix B - Insurance Requirements: Detailed insurance coverage requirements
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