The Prime Contract under Belgian law is the foundational document used to establish and govern significant business relationships between a principal contractor and a client. This document is typically employed when parties need a comprehensive framework for complex commercial arrangements, especially in situations where subcontracting may be involved but direct contractual relationships need to be clearly established with the main contractor. It incorporates mandatory provisions required under Belgian law and EU regulations, including specific requirements for commercial contracts, consumer protection (where applicable), and data protection under GDPR. The document is particularly relevant for high-value transactions, long-term business relationships, or complex project deliveries where clear allocation of responsibilities, risks, and performance standards is essential. The Prime Contract serves as the master agreement from which other related contracts, such as subcontracts or service level agreements, may derive their basic terms and conditions.
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1. Parties: Identification and details of the contracting parties, including registration numbers and addresses
2. Background: Context of the agreement and brief description of the parties' intention to contract
3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the contract
4. Scope of Services/Goods: Detailed description of the services or goods to be provided under the contract
5. Duration and Term: Contract period, commencement date, and renewal terms
6. Price and Payment Terms: Pricing structure, payment schedule, invoicing requirements, and late payment consequences
7. Obligations of the Supplier: Key responsibilities and commitments of the supplying party
8. Obligations of the Customer: Key responsibilities and commitments of the receiving party
9. Quality Standards and Performance: Required quality levels, KPIs, and performance standards
10. Liability and Indemnification: Allocation of risks, limitation of liability, and indemnification obligations
11. Insurance: Required insurance coverage and minimum amounts
12. Confidentiality: Protection of confidential information and trade secrets
13. Intellectual Property Rights: Ownership and usage rights of IP created or used under the contract
14. Termination: Grounds for termination, notice periods, and consequences of termination
15. Force Majeure: Events constituting force majeure and their consequences
16. Governing Law and Jurisdiction: Belgian law as governing law and jurisdiction for disputes
17. General Provisions: Standard boilerplate clauses including notices, amendments, and severability
1. Data Protection: Required if personal data processing is involved, ensuring GDPR compliance
2. Subcontracting: Include if subcontracting is permitted, specifying conditions and approval requirements
3. Environmental Compliance: Required for contracts with environmental impact or sustainability requirements
4. Export Control: Include if goods or services are subject to export control regulations
5. Anti-Corruption: Required for high-value contracts or public sector involvement
6. Change Control: Include for complex services or long-term contracts requiring formal change procedures
7. Service Levels: Required for service contracts with specific performance metrics
8. Business Continuity: Include for critical services or long-term supply arrangements
9. Staff and Key Personnel: Required when specific personnel are crucial to contract performance
1. Schedule 1 - Service Specifications: Detailed technical specifications of services or goods
2. Schedule 2 - Pricing Schedule: Detailed pricing structure, rates, and payment terms
3. Schedule 3 - Service Levels and KPIs: Detailed performance metrics and measurement methodology
4. Schedule 4 - Implementation Plan: Timeline and milestones for contract implementation
5. Schedule 5 - Form of Change Order: Template for documenting and approving changes
6. Schedule 6 - Security Requirements: IT, physical, or data security requirements
7. Schedule 7 - Approved Subcontractors: List of pre-approved subcontractors if applicable
8. Appendix A - Contact Details: Key contact information for both parties
9. Appendix B - Required Insurance Certificates: Specific insurance requirements and certificates
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