The Retail Supplier Agreement is a fundamental commercial contract used to establish and govern the business relationship between suppliers and retail businesses operating in Belgium. This document is essential when a supplier intends to regularly provide products to a retailer for resale to end customers. It addresses critical aspects including supply obligations, ordering procedures, quality requirements, and payment terms, while ensuring compliance with Belgian legal requirements, particularly the Code of Economic Law and the Law of April 2, 2019 on B2B Relationships. The agreement is structured to protect both parties' interests while facilitating efficient commercial operations and maintaining regulatory compliance.
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1. Parties: Identification and details of the supplier and retailer
2. Background: Context of the agreement and business relationship
3. Definitions and Interpretation: Definitions of key terms and interpretation rules
4. Supply Obligations: Core obligations of the supplier regarding product supply, quality, and delivery
5. Ordering Process: Procedures for placing and accepting orders
6. Prices and Payment: Pricing structure, payment terms, and invoicing requirements
7. Delivery and Acceptance: Delivery terms, timing, and acceptance procedures
8. Quality Requirements: Product quality standards and compliance requirements
9. Warranties: Supplier warranties regarding products and services
10. Non-Compliance and Returns: Procedures for handling non-compliant products and returns
11. Term and Termination: Duration of agreement and termination provisions
12. Liability and Indemnification: Liability limitations and indemnification obligations
13. Confidentiality: Protection of confidential information
14. Force Majeure: Events excusing performance and related procedures
15. Governing Law and Jurisdiction: Belgian law application and dispute resolution
16. General Provisions: Standard boilerplate clauses including notices, amendments, etc.
1. Intellectual Property Rights: Needed when branded products or licensed materials are involved
2. Exclusivity: Include when exclusive supply arrangements are agreed
3. Marketing and Promotion: Required when supplier has obligations regarding marketing support
4. Data Protection: Include when personal data processing is involved
5. Insurance: Detailed insurance requirements for high-value or high-risk products
6. Compliance with Laws: Specific compliance obligations for regulated products
7. Performance Metrics: Include when specific KPIs are being measured
8. Environmental Compliance: Required for products with environmental implications
1. Schedule 1 - Product Specifications: Detailed specifications of products to be supplied
2. Schedule 2 - Pricing Schedule: Detailed pricing structure and terms
3. Schedule 3 - Service Levels: Specific service level requirements and metrics
4. Schedule 4 - Order and Delivery Procedures: Detailed operational procedures
5. Schedule 5 - Quality Standards: Specific quality requirements and testing procedures
6. Schedule 6 - Returns Policy: Detailed returns and replacement procedures
7. Appendix A - Contact Details: Key contact information for both parties
8. Appendix B - Form of Purchase Order: Standard form for purchase orders
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