A Development And Supply Agreement is essential when one party engages another to develop specific products, technology, or solutions and subsequently supply them on an ongoing basis. This document is particularly relevant in the Australian business context where companies need to formalize complex development projects followed by supply arrangements. It combines elements of a development agreement with supply terms, making it suitable for scenarios where the development phase leads directly into a supply relationship. The agreement needs to comply with Australian legislation including the Competition and Consumer Act 2010, relevant intellectual property laws, and industry-specific regulations. It is commonly used in technology, manufacturing, and innovative industries where custom development is required before regular supply can commence. The document typically includes detailed specifications, development milestones, acceptance procedures, supply terms, quality requirements, and intellectual property provisions.
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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: Defined terms used throughout the agreement
4. Development Obligations: Details of development work, including specifications, timelines, and deliverables
5. Testing and Acceptance: Procedures for testing deliverables and acceptance criteria
6. Supply Terms: Terms governing the supply of developed products including ordering, delivery, and forecasting
7. Quality Requirements: Quality standards, warranties, and quality control procedures
8. Intellectual Property: Ownership and licensing of IP rights in developments and background IP
9. Confidentiality: Protection of confidential information exchanged during development and supply
10. Prices and Payment: Payment terms for development work and product supply
11. Term and Termination: Duration of agreement and termination rights
12. Liability and Indemnities: Risk allocation between parties
13. General Provisions: Standard boilerplate clauses including governing law, notices, and dispute resolution
1. Manufacturing Requirements: Include when supplier will manufacture products post-development
2. Regulatory Compliance: Include for regulated industries or products requiring specific compliance
3. Environmental Requirements: Include when development or manufacturing has environmental implications
4. Export Controls: Include for international supply arrangements
5. Third Party Components: Include when development incorporates third-party materials or technology
6. Change Control: Include for complex products requiring formal change management
7. Service Level Agreement: Include when ongoing support or maintenance is required
8. Insurance Requirements: Include when specific insurance coverage is needed beyond standard requirements
1. Development Specifications: Detailed technical specifications for the development work
2. Project Plan: Timelines, milestones, and development phases
3. Acceptance Test Criteria: Detailed testing procedures and acceptance requirements
4. Pricing Schedule: Detailed pricing for development work and products
5. Quality Standards: Specific quality requirements and standards to be met
6. Supply Terms: Detailed supply requirements including lead times and minimum orders
7. Service Levels: Performance metrics and service level requirements
8. Background IP: List of existing IP brought to the project by each party
Relevant legal definitions
Clauses
Relevant Industries
Technology
Manufacturing
Software Development
Electronics
Automotive
Medical Devices
Pharmaceuticals
Industrial Equipment
Consumer Products
Telecommunications
Aerospace
Defense
Biotechnology
Clean Technology
Research and Development
Relevant Teams
Legal
Procurement
Research and Development
Product Development
Supply Chain
Operations
Quality Assurance
Commercial
Technical
Manufacturing
Innovation
Business Development
Contract Management
Relevant Roles
Chief Technology Officer
Procurement Manager
Legal Counsel
Contract Manager
Supply Chain Manager
Research and Development Director
Product Development Manager
Commercial Director
Operations Manager
Quality Assurance Manager
Project Manager
Business Development Manager
Technical Director
Manufacturing Manager
Chief Commercial Officer
Innovation Manager
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