The Supply Contract Agreement serves as a foundational document for establishing and managing supply relationships under Belgian law. It is particularly relevant for businesses engaged in regular supply arrangements, whether domestic or international, given Belgium's strategic position in European trade. This document addresses critical aspects including order processes, delivery terms, quality requirements, and risk allocation, while ensuring compliance with both Belgian commercial law and EU regulations. The agreement is essential for companies seeking to formalize their supply chain relationships, manage risk, and establish clear commercial terms. It incorporates specific Belgian legal requirements while remaining flexible enough to accommodate various industry-specific needs and international trade practices.
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1. Parties: Identification and details of the supplier and customer, including registration numbers and addresses
2. Background: Context of the supply arrangement and brief description of the parties' business relationship
3. Definitions and Interpretation: Definitions of key terms used throughout the agreement and rules of interpretation
4. Supply Obligations: Core obligations of the supplier regarding the provision of goods/services, including quality standards and delivery terms
5. Ordering Process: Procedures for placing and accepting orders, including minimum order quantities if applicable
6. Pricing and Payment: Price determination, payment terms, invoicing procedures, and late payment consequences
7. Delivery and Acceptance: Terms relating to delivery, inspection, acceptance procedures, and rejection of non-conforming goods
8. Title and Risk: Transfer of ownership and risk in the goods
9. Warranties and Quality: Supplier's warranties regarding the goods/services and quality assurance requirements
10. Compliance with Laws: Obligations to comply with applicable laws, regulations, and standards
11. Liability and Indemnification: Allocation of risks, limitation of liability, and indemnification obligations
12. Force Majeure: Provisions dealing with events beyond parties' reasonable control
13. Term and Termination: Duration of the agreement and circumstances allowing termination
14. Confidentiality: Protection of confidential information exchanged between parties
15. General Provisions: Standard boilerplate clauses including notices, amendments, governing law, etc.
1. Intellectual Property Rights: Include when the supply involves branded products, technology, or licensed materials
2. Exclusivity: Include when there are exclusive supply or territory arrangements
3. Insurance: Include when specific insurance requirements are necessary for the supply relationship
4. Data Protection: Include when personal data processing is involved in the supply arrangement
5. Environmental Compliance: Include for supplies involving environmental considerations or regulations
6. Quality Control Procedures: Include when specific quality control processes need to be documented
7. Training and Support: Include when supplier must provide training or technical support
8. Product Recall: Include for supply of consumer products or safety-critical items
9. Change Control: Include when formal processes for changes to specifications or services are needed
1. Schedule 1 - Product Specifications: Detailed technical specifications of the goods to be supplied
2. Schedule 2 - Pricing Schedule: Detailed pricing information, including any volume discounts or price adjustment mechanisms
3. Schedule 3 - Service Levels: Performance metrics and service level requirements
4. Schedule 4 - Delivery Locations: List of approved delivery locations and specific delivery requirements
5. Schedule 5 - Key Contacts: Contact details for key personnel from both parties
6. Schedule 6 - Quality Standards: Specific quality standards, certifications, and testing requirements
7. Schedule 7 - Form of Purchase Order: Template or standard form for placing orders
8. Schedule 8 - Acceptance Testing Procedures: Detailed procedures for testing and accepting delivered goods
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