The Contract for Supply of Goods and Services is a fundamental commercial agreement used when a supplier provides both physical goods and associated services to a customer in Australia. This document is particularly useful for businesses engaging in complex supply arrangements where the distinction between goods and services needs to be clearly defined and regulated. It incorporates requirements from Australian federal legislation including the Competition and Consumer Act 2010 and relevant state-based laws, making it suitable for both business-to-business and business-to-consumer transactions. The agreement typically includes detailed specifications for goods, service level requirements, delivery terms, warranties, and risk allocation, while ensuring compliance with Australian consumer protection laws and industry standards.
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1. Parties: Identification and details of the supplier and customer
2. Background: Context of the agreement and general commercial intent
3. Definitions and Interpretation: Defined terms and rules of interpretation
4. Term and Commencement: Duration of the agreement and conditions for commencement
5. Supply of Goods: Obligations regarding the supply, quality, and delivery of goods
6. Supply of Services: Scope of services, performance standards, and delivery requirements
7. Price and Payment: Pricing structure, payment terms, invoicing, and GST provisions
8. Delivery and Acceptance: Delivery requirements, acceptance testing, and rejection procedures
9. Warranties: Warranties for goods and services, including statutory warranties
10. Risk and Title: Transfer of risk and title in goods
11. Insurance: Required insurance coverage and obligations
12. Liability and Indemnities: Limitation of liability and indemnification provisions
13. Termination: Termination rights, grounds, and consequences
14. Dispute Resolution: Process for resolving disputes
15. General Provisions: Standard boilerplate clauses including notices, governing law, and assignment
1. Intellectual Property Rights: IP ownership and licenses - include when IP is created or transferred
2. Compliance with Laws: Specific regulatory compliance obligations - include for regulated industries
3. Security Requirements: Security obligations and procedures - include for sensitive operations
4. Business Continuity: Disaster recovery and business continuity - include for critical supplies
5. Performance Metrics: KPIs and service levels - include for complex service arrangements
6. Training and Support: Training and ongoing support obligations - include for technical products
7. Data Protection: Data handling and privacy obligations - include when personal data is involved
8. Change Management: Process for variations - include for long-term or complex arrangements
1. Schedule 1 - Goods Specification: Detailed specifications of goods to be supplied
2. Schedule 2 - Services Specification: Detailed description of services to be provided
3. Schedule 3 - Pricing Schedule: Detailed pricing, rates, and charging methodology
4. Schedule 4 - Service Levels: Performance metrics and service level requirements
5. Schedule 5 - Delivery Schedule: Timing and locations for delivery of goods and services
6. Schedule 6 - Forms and Procedures: Standard forms, including purchase orders and acceptance certificates
7. Schedule 7 - Insurance Requirements: Detailed insurance requirements and minimum coverage
8. Appendix A - Technical Requirements: Technical specifications and standards
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