This Commercial Contract template is designed for use in establishing formal business relationships under Hong Kong law. It serves as a fundamental document for various commercial transactions, from supply agreements to service contracts, incorporating all essential elements required by Hong Kong's common law system and relevant ordinances. The document is particularly valuable for businesses operating in or through Hong Kong, providing a robust framework that addresses key commercial terms, risk allocation, compliance requirements, and dispute resolution mechanisms. This template reflects current market practice in Hong Kong while maintaining flexibility to accommodate specific commercial requirements across different industries and transaction types.
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1. Parties: Identifies and defines all parties to the contract with their full legal names and registered addresses
2. Background: Sets out the context and commercial intent of the agreement
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules
4. Scope of Agreement: Clearly outlines the subject matter and scope of the commercial relationship
5. Duration and Term: Specifies the commencement date and duration of the agreement, including any renewal provisions
6. Commercial Terms: Details the core commercial provisions, including pricing, payment terms, and delivery obligations
7. Obligations and Responsibilities: Sets out the key obligations and responsibilities of each party
8. Representations and Warranties: Contains standard and specific warranties and representations made by each party
9. Intellectual Property Rights: Addresses ownership and usage rights of any intellectual property involved
10. Confidentiality: Establishes obligations regarding confidential information
11. Liability and Indemnification: Specifies liability limitations and indemnification obligations
12. Termination: Details circumstances and procedures for termination of the agreement
13. Force Majeure: Addresses unforeseen circumstances preventing performance
14. General Provisions: Contains standard boilerplate clauses including notices, assignment, and entire agreement
15. Governing Law and Jurisdiction: Specifies Hong Kong law as governing law and jurisdiction for disputes
16. Execution: Signature blocks and execution formalities
1. Change Control: Include when the agreement may require formal procedures for making changes to services or deliverables
2. Service Levels: Include when specific performance metrics need to be maintained
3. Compliance with Laws: Include when specific regulatory compliance obligations need to be addressed
4. Insurance: Include when specific insurance requirements need to be maintained
5. Data Protection: Include when personal data processing is involved
6. Anti-Corruption: Include when dealing with government entities or high-risk jurisdictions
7. Business Continuity: Include for critical services or long-term relationships
8. Audit Rights: Include when one party needs rights to audit the other's compliance or performance
9. Environmental Compliance: Include when environmental issues are relevant to the contract
10. Staff and Subcontracting: Include when services involve key personnel or subcontractor relationships
1. Schedule 1 - Commercial Terms: Detailed pricing, payment terms, and commercial conditions
2. Schedule 2 - Service Specifications: Detailed description of services or products to be provided
3. Schedule 3 - Service Levels: Specific performance metrics and measurement criteria
4. Schedule 4 - Key Personnel: Details of key staff members and their roles
5. Schedule 5 - Form of Change Order: Template for documenting agreed changes
6. Schedule 6 - Technical Requirements: Technical specifications and requirements
7. Schedule 7 - Contact Details: Contact information for key representatives of each party
8. Appendix A - Definitions: Extended definitions if too lengthy for main agreement
9. Appendix B - Policies and Procedures: Relevant operational policies and procedures
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