The Master Sales Agreement is designed for businesses engaging in recurring sales transactions under New Zealand law. It serves as a foundational document that streamlines commercial relationships by establishing standardized terms and conditions for multiple future sales. This type of agreement is particularly useful when parties anticipate an ongoing business relationship involving repeated transactions, as it eliminates the need to negotiate individual contracts for each sale. The agreement typically covers essential elements such as ordering procedures, pricing mechanisms, delivery terms, quality standards, and risk allocation, while ensuring compliance with New Zealand legal requirements. It's structured to provide both certainty and flexibility, allowing parties to execute individual transactions through purchase orders while maintaining consistent overarching terms.
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1. Parties: Identification and details of the contracting parties
2. Background: Context of the agreement and relationship between the parties
3. Definitions and Interpretation: Key terms used throughout the agreement and rules for interpretation
4. Term and Renewal: Duration of the agreement and renewal provisions
5. Order Process: Procedures for placing, accepting, and fulfilling orders
6. Pricing and Payment: Price determination, payment terms, invoicing requirements, and late payment consequences
7. Delivery and Risk: Delivery terms, transfer of risk, and acceptance procedures
8. Quality and Warranties: Product quality standards and warranty terms
9. Title and Risk: Transfer of ownership and risk allocation
10. Compliance with Laws: Obligations to comply with applicable laws and regulations
11. Confidentiality: Protection and handling of confidential information
12. Intellectual Property: IP ownership, licenses, and protection measures
13. Limitation of Liability: Liability caps and exclusions
14. Termination: Termination rights and procedures
15. Consequences of Termination: Post-termination obligations and rights
16. Force Majeure: Handling of events beyond parties' reasonable control
17. Dispute Resolution: Process for resolving disputes
18. General Provisions: Standard boilerplate clauses including notices, assignment, and governing law
1. Minimum Purchase Commitments: Used when buyer agrees to minimum purchase volumes or values
2. Exclusivity: Include when parties agree to exclusive supply or purchase arrangements
3. Marketing and Promotion: Required when parties have specific obligations regarding product marketing
4. Training and Support: Include when seller provides training or technical support services
5. Insurance: Used when specific insurance requirements need to be maintained
6. Performance Metrics: Include when specific KPIs or service levels are required
7. Customs and Export Control: Required for international sales or restricted products
8. Data Protection: Include when personal data processing is involved
9. Environmental Compliance: Used when specific environmental standards or requirements apply
10. Product Changes: Include when dealing with products that may undergo modifications
1. Schedule 1 - Products and Pricing: List of products, specifications, and pricing structure
2. Schedule 2 - Service Levels: Detailed service level requirements and measurements
3. Schedule 3 - Technical Specifications: Detailed product specifications and requirements
4. Schedule 4 - Territory: Definition of geographical areas covered by the agreement
5. Schedule 5 - Key Contacts: List of key personnel and their roles
6. Schedule 6 - Special Terms: Any special terms or requirements for specific products or services
7. Appendix A - Order Form Template: Standard form for placing orders under the agreement
8. Appendix B - Quality Control Procedures: Detailed quality control and testing procedures
9. Appendix C - Return Procedures: Process for handling product returns and replacements
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