The Supply of Goods Agreement is a fundamental commercial contract used in New Zealand business operations when one party agrees to supply goods to another on an ongoing basis. This document is essential for establishing clear commercial terms in business-to-business relationships where regular supply of goods is required. It addresses key aspects regulated under New Zealand law, including the Sale of Goods Act 1908 and Fair Trading Act 1986, while providing a framework for ordering, delivery, quality control, and risk management. The agreement is particularly crucial for businesses requiring regular supply of products, whether for resale, manufacturing, or operational purposes, and helps prevent disputes by clearly defining each party's rights and obligations in the supply relationship.
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1. Parties: Identification and details of the supplier and purchaser, including registered addresses and company numbers
2. Background: Context of the agreement and brief description of the business relationship
3. Definitions: Definitions of key terms used throughout the agreement
4. Supply Obligations: Core obligations of the supplier regarding the provision of goods
5. Order Process: Procedures for placing, accepting, and fulfilling orders
6. Delivery and Risk: Terms regarding delivery, transfer of risk, and acceptance of goods
7. Price and Payment: Pricing structure, payment terms, invoicing requirements, and GST provisions
8. Quality and Compliance: Quality standards, warranties, and compliance with applicable laws and standards
9. Title and Risk: Transfer of title, risk allocation, and retention of title provisions
10. Defects and Returns: Process for handling defective goods and return procedures
11. Term and Termination: Duration of agreement and circumstances for termination
12. Liability and Indemnity: Limitation of liability and indemnification provisions
13. Confidentiality: Protection of confidential information exchanged during the business relationship
14. General Provisions: Standard boilerplate clauses including governing law, notices, and dispute resolution
1. Minimum Purchase Commitments: Used when there are agreed minimum purchase quantities or values
2. Exclusivity: Include when either party has exclusive rights or obligations
3. Insurance: Detailed insurance requirements, particularly for high-value or high-risk goods
4. Performance Metrics: Include when specific KPIs or service levels are required
5. Storage and Warehousing: Required for agreements involving storage of goods by either party
6. Intellectual Property: Include when IP rights are relevant to the goods supplied
7. Distribution Rights: Used when agreement includes distribution rights or restrictions
8. Force Majeure: Detailed provisions for handling unforeseen events affecting supply
9. Change Control: Include for complex supply arrangements requiring formal change processes
10. Environmental Compliance: Required for goods with environmental impact or compliance requirements
1. Schedule 1 - Goods Specification: Detailed technical specifications of the goods to be supplied
2. Schedule 2 - Pricing Schedule: Detailed pricing information, including any volume discounts or price adjustment mechanisms
3. Schedule 3 - Delivery Requirements: Specific delivery locations, timeframes, and special handling requirements
4. Schedule 4 - Quality Standards: Detailed quality requirements, testing procedures, and acceptance criteria
5. Schedule 5 - Service Levels: Performance metrics and measurement criteria if applicable
6. Schedule 6 - Order Form Template: Standard form for placing orders under the agreement
7. Schedule 7 - Contact Details: Key contacts and escalation procedures for both parties
8. Appendix A - Compliance Certificates: Copies of relevant compliance certificates and permits
9. Appendix B - Insurance Certificates: Copies of required insurance certificates
Relevant legal definitions
Clauses
Relevant Industries
Manufacturing
Retail
Wholesale Trade
Food and Beverage
Electronics
Automotive
Construction Materials
Medical Supplies
Industrial Equipment
Consumer Goods
Agriculture
Chemical Products
Textiles
Furniture and Fixtures
Packaging Materials
Relevant Teams
Legal
Procurement
Supply Chain
Operations
Commercial
Finance
Risk and Compliance
Sales
Logistics
Quality Assurance
Relevant Roles
Procurement Manager
Supply Chain Manager
Commercial Manager
Contracts Manager
Legal Counsel
Operations Manager
Purchasing Officer
Category Manager
Business Development Manager
Sales Manager
Compliance Officer
Risk Manager
Finance Manager
Chief Operating Officer
General Manager
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