The Trading Terms Agreement serves as a crucial document for businesses operating in Indonesia who wish to establish clear and legally compliant trading relationships. This agreement is particularly important in the Indonesian context due to specific local regulatory requirements and business practices. It is commonly used when parties intend to enter into an ongoing trading relationship that requires detailed terms for ordering, delivery, payment, and quality standards. The document combines standard international trading practices with specific requirements under Indonesian law, including compliance with the Civil Code, Trade Law, and relevant regulations on commerce and business operations. It provides a comprehensive framework that protects both parties' interests while ensuring smooth business operations in accordance with Indonesian legal requirements.
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1. Parties: Identification and details of all parties entering into the agreement
2. Background: Context of the trading relationship and purpose of the agreement
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Trading Relationship: Overview of the trading arrangement and general obligations of each party
5. Ordering Process: Procedures and requirements for placing and accepting orders
6. Pricing and Payment Terms: Price determination, payment methods, currency, and payment timelines
7. Delivery Terms: Delivery obligations, timeframes, and logistics arrangements
8. Quality Standards: Product quality requirements and quality assurance processes
9. Warranties and Representations: Warranties regarding products, services, and capacity to perform
10. Term and Termination: Duration of agreement and circumstances for termination
11. Confidentiality: Protection and handling of confidential information
12. Dispute Resolution: Process for resolving disputes under Indonesian law
13. Force Majeure: Provisions for unforeseen circumstances affecting performance
14. Governing Law: Specification of Indonesian law as governing law
15. General Provisions: Standard boilerplate clauses including notices, amendments, and entire agreement
1. Intellectual Property Rights: Required when trading involves branded products or licensed materials
2. Insurance Requirements: Include when specific insurance coverage is required for high-value or high-risk trading
3. Exclusivity Arrangements: Include when parties agree to exclusive trading arrangements
4. Performance Metrics: Include when specific performance standards need to be maintained
5. Compliance with Export/Import Laws: Required for international trading relationships
6. Data Protection: Include when personal or sensitive data is processed as part of trading
7. Marketing and Branding: Include when agreement covers use of trademarks or marketing activities
8. Return and Refund Policy: Include for retail or consumer-facing trading relationships
9. Environmental Compliance: Include when trading involves environmental considerations or requirements
1. Schedule 1 - Product Specifications: Detailed specifications of products or services covered by the agreement
2. Schedule 2 - Price List: Current pricing information and any volume-based discounts
3. Schedule 3 - Service Levels: Detailed service level requirements and measurements
4. Schedule 4 - Delivery Locations: List of approved delivery locations and specific requirements
5. Schedule 5 - Key Contacts: Contact details for key personnel from each party
6. Appendix A - Order Form Template: Standard form for placing orders under the agreement
7. Appendix B - Quality Control Procedures: Detailed quality control and testing procedures
8. Appendix C - Compliance Certificates: Required regulatory or compliance certifications
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