The General Contract Form is a foundational legal document designed to meet the diverse contracting needs of businesses and individuals operating in New Zealand. This template has been developed to align with New Zealand's legal framework, particularly the Contract and Commercial Law Act 2017, Fair Trading Act 1986, and other relevant legislation. It is intended for use when parties need a robust but adaptable contract structure that can be customized for various business relationships, from service agreements to supply contracts. The document incorporates essential provisions required under New Zealand law while maintaining flexibility to accommodate specific commercial requirements. It is particularly useful when parties need a standard starting point for their contractual relationship that can be modified to suit their particular circumstances while ensuring legal compliance.
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1. Parties: Identifies and defines all parties to the contract with their full legal names and addresses
2. Background: Sets out the context and purpose of the agreement, including any relevant history or circumstances leading to the contract
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes rules for interpreting the contract
4. Term and Commencement: Specifies when the agreement begins and its duration
5. Obligations of the Parties: Details the core responsibilities and obligations of each party
6. Payment Terms: Specifies payment amounts, methods, and timing
7. Confidentiality: Sets out obligations regarding confidential information
8. Termination: Describes circumstances and procedures for ending the agreement
9. Dispute Resolution: Outlines the process for resolving disagreements
10. General Provisions: Contains standard boilerplate clauses including governing law, notices, and assignment
11. Execution: Signature blocks and execution requirements
1. Service Levels: Include when the contract involves ongoing service delivery with specific performance metrics
2. Intellectual Property: Include when the contract involves creation, licensing, or transfer of IP rights
3. Insurance: Include when specific insurance requirements need to be maintained by either party
4. Force Majeure: Include when parties want to address circumstances beyond their control that may affect performance
5. Data Protection: Include when personal data processing is involved, ensuring compliance with Privacy Act 2020
6. Warranties and Indemnities: Include when specific promises or protections need to be documented
7. Change Control: Include when the contract may need formal procedures for making changes during its term
1. Schedule 1 - Services: Detailed description of services or deliverables to be provided
2. Schedule 2 - Fees: Detailed breakdown of pricing, rates, and payment structure
3. Schedule 3 - Service Levels: Specific performance metrics and measurement criteria
4. Schedule 4 - Key Personnel: List of key individuals involved in contract delivery and their roles
5. Appendix A - Special Conditions: Any special terms or conditions specific to this agreement
6. Appendix B - Form of Change Request: Template for requesting and documenting changes to the agreement
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