This Commercial Agreement template serves as a foundational document for business transactions in the Philippines, designed to comply with local laws including the Civil Code of the Philippines, the Code of Commerce, and relevant commercial regulations. It is particularly useful for businesses establishing trading relationships, service arrangements, or other commercial partnerships within the Philippine jurisdiction. The document incorporates mandatory legal requirements while maintaining commercial practicality, making it suitable for both domestic and international transactions where Philippine law governs. The agreement includes provisions for electronic commerce in accordance with the E-Commerce Act, data privacy considerations as per the Data Privacy Act, and competition law compliance under the Philippine Competition Act.
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1. Parties: Identification of the contracting parties with their complete legal names, addresses, and tax identification numbers as required under Philippine law
2. Background: Context of the agreement, including the business relationship and primary objectives of the parties
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Agreement: Detailed description of the commercial arrangement, products/services, and territorial scope
5. Term and Duration: Period of the agreement, including commencement date and duration
6. Commercial Terms: Key commercial provisions including pricing, payment terms, and delivery conditions
7. Obligations of the Parties: Detailed responsibilities and commitments of each party
8. Representations and Warranties: Standard and specific warranties given by each party
9. Confidentiality: Provisions for protecting confidential information and trade secrets
10. Termination: Grounds and procedures for termination, including consequences of termination
11. Governing Law and Jurisdiction: Explicit statement of Philippine law as governing law and jurisdiction for disputes
12. General Provisions: Standard boilerplate clauses including notices, amendments, and severability
1. Intellectual Property Rights: Required when the agreement involves creation, licensing, or use of intellectual property
2. Data Privacy and Protection: Necessary when personal data processing is involved, to comply with the Data Privacy Act
3. Force Majeure: Optional clause defining circumstances beyond parties' control that excuse performance
4. Non-Competition: Include when restricting parties from competing activities, subject to Philippine competition laws
5. Insurance: Required when specific insurance coverage needs to be maintained by either party
6. Assignment and Subcontracting: Include when transfer of rights or subcontracting needs to be regulated
7. Dispute Resolution: Optional detailed procedures for dispute resolution, including mediation or arbitration
8. Compliance with Laws: Specific compliance obligations when dealing with regulated industries or activities
1. Schedule 1 - Products/Services: Detailed specification of products or services covered by the agreement
2. Schedule 2 - Pricing and Payment Terms: Detailed pricing structure, payment schedules, and financial terms
3. Schedule 3 - Service Levels: Performance metrics and service level requirements if applicable
4. Schedule 4 - Technical Specifications: Technical requirements and specifications for products or services
5. Schedule 5 - Key Personnel: List of key personnel responsible for contract implementation if relevant
6. Appendix A - Forms and Ƶ: Standard forms for ordering, reporting, or other operational processes
7. Appendix B - Compliance Requirements: Specific regulatory or compliance requirements applicable to the agreement
Relevant legal definitions
Clauses
Relevant Industries
Retail
Manufacturing
Technology
Financial Services
Healthcare
Telecommunications
Real Estate
Construction
Agriculture
Food and Beverage
Transportation and Logistics
Energy
Professional Services
Education
Entertainment and Media
Relevant Teams
Legal
Commercial
Procurement
Business Development
Finance
Operations
Compliance
Risk Management
Sales
Supply Chain
Account Management
Corporate Secretariat
Relevant Roles
Legal Counsel
Commercial Director
Business Development Manager
Procurement Manager
Contract Administrator
Chief Executive Officer
Chief Financial Officer
Operations Manager
Compliance Officer
Risk Manager
Sales Director
General Manager
Corporate Secretary
Supply Chain Manager
Account Manager
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