The Suppliers Contract Agreement serves as the primary legal framework for establishing and managing supplier relationships in a commercial context under New Zealand law. This document is essential when businesses require a structured arrangement for the regular supply of goods or services, whether for direct use or incorporation into their own products or services. It comprehensively addresses crucial aspects such as supply obligations, quality standards, risk allocation, and commercial terms, while ensuring compliance with New Zealand's regulatory requirements. The agreement is particularly valuable for businesses seeking to establish long-term supply relationships with clear governance structures, performance metrics, and risk management provisions. It incorporates necessary protections for both parties while maintaining sufficient flexibility to accommodate changing business needs through its schedules and appendices.
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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 brief description of the parties' businesses
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules
4. Supply Obligations: Details the supplier's core obligations regarding goods/services provision, including quality standards and delivery terms
5. Ordering Process: Specifies the procedure for placing and accepting orders
6. Pricing and Payment: States prices, payment terms, invoicing requirements, and GST treatment
7. Title and Risk: Establishes when ownership and risk in goods passes to the purchaser
8. Quality and Compliance: Sets quality standards, compliance requirements, and inspection/rejection rights
9. Warranties: Details warranties provided by the supplier regarding goods/services
10. Term and Termination: Specifies contract duration, renewal provisions, and termination rights
11. Liability and Indemnity: Establishes liability limits and indemnification obligations
12. Confidentiality: Protects confidential information exchanged during the relationship
13. General Provisions: Contains standard boilerplate clauses including governing law, notices, and assignment
1. Intellectual Property: Include when IP rights are relevant to the goods/services supplied or when new IP may be created
2. Insurance: Include when specific insurance requirements need to be maintained by the supplier
3. Performance Metrics: Include when specific KPIs or service levels need to be maintained
4. Data Protection: Include when personal data processing is involved in the supply relationship
5. Business Continuity: Include for critical suppliers or when supply interruption could cause significant issues
6. Environmental Compliance: Include when environmental standards or sustainability requirements are important
7. Change Control: Include when formal processes for changes to goods/services are needed
8. Staff and Subcontractors: Include when supplier's personnel will work on-site or when subcontracting needs to be regulated
1. Schedule 1 - Goods and Services Description: Detailed specifications of goods/services to be supplied
2. Schedule 2 - Pricing Schedule: Detailed pricing information, including any volume discounts or price adjustment mechanisms
3. Schedule 3 - Service Levels: Specific performance metrics and service level requirements
4. Schedule 4 - Key Contacts: Contact details for key personnel from both parties
5. Schedule 5 - Order Form Template: Standard form for placing orders under the agreement
6. Schedule 6 - Delivery Locations: List of approved delivery locations and any special requirements
7. Appendix A - Technical Specifications: Detailed technical requirements for goods/services
8. Appendix B - Compliance Requirements: Specific regulatory or industry standards that must be met
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