The Supply and Service Agreement is designed for commercial relationships where a party provides both goods and services to another party under Irish law. This document is particularly useful when businesses need a unified contractual framework rather than separate agreements for goods and services. It incorporates essential elements required by Irish legislation, including the Sale of Goods and Supply of Services Act 1980 and relevant EU regulations. The agreement typically covers product specifications, service scope, delivery terms, performance standards, warranties, pricing, and risk allocation. It's structured to accommodate various commercial arrangements, from straightforward supply relationships to complex service delivery models, and includes provisions for both one-off and ongoing supply arrangements. The document can be tailored to specific industry requirements while maintaining compliance with Irish legal frameworks and commercial best practices.
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1. Parties: Identification and details of the contracting parties
2. Background: Context of the agreement and brief description of the parties' business relationship
3. Definitions and Interpretation: Definitions of key terms and interpretation rules
4. Supply of Goods: Terms governing the supply of goods, including ordering process, delivery, and acceptance
5. Provision of Services: Terms governing the provision of services, including scope, standards, and performance metrics
6. Price and Payment: Pricing structure, payment terms, invoicing, and late payment consequences
7. Quality and Warranties: Quality standards, warranties for goods and services, and remedies for breach
8. Title and Risk: Transfer of title and risk in goods, and intellectual property rights
9. Obligations of the Parties: Key responsibilities and obligations of both supplier and customer
10. Term and Termination: Duration of agreement, renewal terms, and termination rights
11. Liability and Indemnities: Limitation of liability, indemnification obligations, and insurance requirements
12. Confidentiality: Protection of confidential information and trade secrets
13. Force Majeure: Events excusing performance and consequences
14. General Provisions: Standard boilerplate clauses including notices, assignment, and governing law
1. Data Protection: Required if personal data is processed under the agreement, ensuring GDPR compliance
2. Intellectual Property Rights: Detailed IP provisions if significant IP is being created or licensed
3. Change Control: Include for complex or long-term agreements where scope changes are likely
4. Business Continuity: Important for critical supply arrangements or services
5. Environmental Compliance: Required if environmental regulations are relevant to the goods/services
6. Anti-Bribery and Corruption: Important for international arrangements or public sector contracts
7. Export Control: Necessary if goods or services are subject to export regulations
8. Staff and Key Personnel: Include if specific personnel are critical to service delivery
1. Schedule 1 - Goods Specification: Detailed technical specifications of goods to be supplied
2. Schedule 2 - Services Specification: Detailed description of services to be provided
3. Schedule 3 - Pricing and Payment Schedule: Detailed pricing structure, rates, and payment terms
4. Schedule 4 - Service Levels and KPIs: Performance metrics, service levels, and measurement criteria
5. Schedule 5 - Change Control Procedure: Process for managing changes to goods/services specifications
6. Schedule 6 - Data Processing Agreement: GDPR-compliant data processing terms if required
7. Schedule 7 - Business Continuity Plan: Details of business continuity and disaster recovery arrangements
8. Schedule 8 - Form of Purchase Order: Template purchase order for goods/services
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