The Supply And Installation Agreement is essential for projects requiring both the procurement of equipment or systems and their subsequent installation at the customer's premises. This document type is commonly used in Hong Kong for various commercial and industrial projects, from IT infrastructure to manufacturing equipment installations. It combines elements of both a supply contract and a services agreement, addressing the unique challenges and requirements of the Hong Kong market while ensuring compliance with local laws and regulations. The agreement typically includes comprehensive terms covering delivery, installation procedures, testing and commissioning, warranties, and acceptance criteria, while incorporating specific requirements under Hong Kong law such as those from the Sale of Goods Ordinance and Supply of Services (Implied Terms) Ordinance. It's particularly important for projects where proper installation is crucial for the functionality and performance of the supplied equipment.
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1. Parties: Identification of supplier/contractor and customer, including registered addresses
2. Background: Context of the agreement and brief description of the project scope
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Supply and Installation: Detailed description of goods to be supplied and installation services to be provided
5. Delivery and Installation Timeline: Delivery schedules, installation milestones, and completion dates
6. Price and Payment: Pricing structure, payment terms, and invoicing requirements
7. Customer Obligations: Customer's responsibilities including site access, permits, and necessary facilities
8. Supplier Obligations: Supplier's responsibilities including quality, safety, and compliance requirements
9. Testing and Acceptance: Procedures for testing, commissioning, and acceptance of installed equipment
10. Warranties and Defects: Warranty terms, defect liability period, and remediation process
11. Risk and Insurance: Risk allocation, required insurance coverage, and liability provisions
12. Intellectual Property: IP rights, licenses, and protections
13. Termination: Termination rights, procedures, and consequences
14. Force Majeure: Events constituting force majeure and consequences
15. General Provisions: Standard boilerplate clauses including notices, amendments, and governing law
1. Site Safety and Security: Specific safety and security requirements when installation is in sensitive or high-security locations
2. Environmental Requirements: Environmental compliance and waste management requirements for environmentally sensitive installations
3. Training: Training requirements for customer's personnel if equipment operation requires specific expertise
4. Maintenance Services: Post-installation maintenance terms if ongoing maintenance is part of the arrangement
5. Performance Guarantees: Specific performance metrics and guarantees for critical equipment or systems
6. Export Control: Export control compliance requirements if equipment or technology is subject to trade restrictions
7. Cybersecurity: Cybersecurity requirements for installations involving networked or smart equipment
8. Subcontracting: Terms governing use of subcontractors if permitted under the agreement
1. Equipment Specifications: Detailed technical specifications of equipment to be supplied
2. Installation Specifications: Detailed requirements and procedures for installation work
3. Pricing Schedule: Detailed breakdown of prices, rates, and payment milestones
4. Project Timeline: Detailed project schedule including key milestones and dependencies
5. Site Requirements: Specific site preparation and access requirements
6. Testing and Acceptance Procedures: Detailed procedures for testing and acceptance
7. Form of Performance Bond: Template for performance bond if required
8. Required Insurance Coverage: Detailed insurance requirements and minimum coverage amounts
9. Health and Safety Requirements: Detailed health and safety procedures and requirements
10. Warranty Terms: Detailed warranty terms and procedures
Authors
Relevant legal definitions
Clauses
Relevant Industries
Construction
Manufacturing
Technology
Telecommunications
Energy
Infrastructure
Healthcare
Industrial Equipment
Renewable Energy
Building Services
Data Centers
Smart Buildings
Relevant Teams
Legal
Procurement
Operations
Engineering
Project Management
Commercial
Supply Chain
Quality Assurance
Risk Management
Technical Services
Facilities Management
Compliance
Relevant Roles
Procurement Manager
Project Manager
Operations Director
Technical Director
Facilities Manager
Contract Manager
Legal Counsel
Commercial Manager
Supply Chain Manager
Installation Manager
Quality Assurance Manager
Risk Manager
Chief Technical Officer
Engineering Manager
Compliance Officer
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