The Common Use Agreement serves as a fundamental commercial instrument in New Zealand's business environment, designed to streamline contractual relationships while ensuring compliance with local legislation. This document type is particularly valuable when organizations need to establish consistent terms with multiple parties or for recurring commercial arrangements. It incorporates essential elements required by New Zealand law, including provisions from the Contract and Commercial Law Act 2017, Fair Trading Act 1986, and Consumer Guarantees Act 1993. The agreement is structured to balance standardization with flexibility, allowing for customization while maintaining core legal and commercial protections. It's commonly used across various sectors for services, goods procurement, and ongoing business relationships where standardized terms benefit all parties.
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1. Parties: Identifies and provides full legal details of all parties to the agreement
2. Background: Sets out the context and purpose of the agreement, including any relevant history or relationships
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes rules for interpretation
4. Term and Commencement: Specifies when the agreement starts and its duration
5. Supply Obligations: Details the core obligations of the supplier, including goods/services to be provided
6. Customer Obligations: Outlines the responsibilities and commitments of the customer
7. Pricing and Payment: Specifies prices, payment terms, invoicing procedures, and GST treatment
8. Performance Standards: Sets out quality standards, KPIs, and service levels to be met
9. Intellectual Property: Addresses ownership and usage rights of intellectual property
10. Confidentiality: Defines confidential information and obligations regarding its protection
11. Liability and Indemnities: Sets out liability limitations and indemnification obligations
12. Termination: Specifies circumstances and processes for ending the agreement
13. General Provisions: Contains standard boilerplate clauses including notices, assignment, and governing law
1. Change Control: Include when the services or deliverables may need modification during the term
2. Data Protection: Include when personal data processing is involved, ensuring Privacy Act 2020 compliance
3. Insurance: Include when specific insurance requirements need to be maintained
4. Business Continuity: Include for critical services requiring disaster recovery planning
5. Audit Rights: Include when regular auditing of performance or compliance is required
6. Security Requirements: Include when information security or physical security measures are crucial
7. Environmental Compliance: Include when environmental considerations are relevant to the services
8. Health and Safety: Include when services involve on-site work or health and safety risks
1. Schedule 1 - Services Description: Detailed description of services or goods to be provided
2. Schedule 2 - Pricing Schedule: Detailed pricing information, rate cards, and payment mechanisms
3. Schedule 3 - Service Levels: Specific performance metrics, measurement methods, and remedies
4. Schedule 4 - Implementation Plan: Timeline and milestones for service implementation
5. Schedule 5 - Key Personnel: Details of key staff and their roles
6. Schedule 6 - Approved Subcontractors: List of approved subcontractors and their roles
7. Appendix A - Standard Operating Procedures: Detailed operational procedures and processes
8. Appendix B - Form of Change Request: Template for requesting and documenting changes
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