The Purchase And Supply Agreement is a fundamental commercial contract used to establish and govern the ongoing relationship between suppliers and purchasers of goods or services in Ireland. This document is essential when parties intend to enter into a continuing supply arrangement rather than a one-off purchase, typically used for regular or bulk purchases where detailed terms need to be agreed upon upfront. The agreement comprehensively addresses all aspects of the supply relationship, including ordering mechanisms, delivery requirements, quality standards, warranties, price arrangements, and payment terms. It ensures compliance with Irish law, particularly the Sale of Goods and Supply of Services Act 1980, while providing clarity and certainty for both parties regarding their rights and obligations. The document is structured to protect both parties' interests and minimize potential disputes by clearly defining responsibilities and risk allocation.
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1. Parties: Identifies the supplier and purchaser with their full legal names and registered addresses
2. Background: Sets out the context of the agreement and basic intentions of the parties
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules
4. Supply Obligations: Details the supplier's obligations regarding the supply of goods/services, including quality standards and specifications
5. Ordering Process: Describes how orders will be placed, accepted, and processed
6. Delivery Terms: Specifies delivery timeframes, locations, and responsibilities
7. Price and Payment: Sets out pricing, payment terms, invoicing process, and any volume-based discounts
8. Quality and Inspection: Establishes quality requirements and the purchaser's right to inspect goods
9. Title and Risk: Determines when title passes and who bears risk at different stages
10. Warranties and Defects: Contains warranties about the goods/services and process for handling defective items
11. Term and Termination: Specifies duration of agreement and circumstances for termination
12. Liability and Indemnity: Sets out liability limitations and indemnification obligations
13. Force Majeure: Addresses circumstances beyond parties' control affecting performance
14. Confidentiality: Protects confidential information exchanged during the relationship
15. General Provisions: Contains standard boilerplate clauses including notices, assignment, and governing law
1. Intellectual Property Rights: Include when IP rights are relevant to the goods/services or when custom products are being developed
2. Insurance: Include when specific insurance requirements need to be maintained by either party
3. Compliance with Laws: Include when specific regulatory compliance needs to be addressed (e.g., food safety, medical devices)
4. Data Protection: Include when personal data will be processed as part of the agreement
5. Export Control: Include for international supply arrangements or controlled goods
6. Environmental Compliance: Include when environmental standards or sustainability requirements are important
7. Service Levels: Include when specific performance metrics need to be maintained
8. Business Continuity: Include when supply chain resilience is critical
9. Anti-Corruption: Include for international contracts or when dealing with government entities
10. Change Control: Include when flexibility to change specifications or terms needs to be built in
1. Schedule 1 - Goods/Services Specification: Detailed technical specifications of goods or services to be supplied
2. Schedule 2 - Pricing Schedule: Detailed pricing information, including any volume discounts or price adjustment mechanisms
3. Schedule 3 - Service Levels and KPIs: Specific performance metrics and measurement criteria
4. Schedule 4 - Order Form Template: Standard form for placing orders under the agreement
5. Schedule 5 - Delivery Locations: List of approved delivery locations and any specific requirements
6. Schedule 6 - Quality Standards: Detailed quality requirements and testing procedures
7. Schedule 7 - Contact Details: Key contact persons and their details for various purposes under the agreement
8. Schedule 8 - Special Terms: Any special terms applicable to specific products or services
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