The Master Supply Agreement serves as the primary contractual framework for businesses engaging in regular supply relationships in Malta. It is particularly suited for situations where parties anticipate an ongoing relationship with multiple transactions over time, rather than a one-off purchase. The agreement comprehensively addresses all aspects of the supply relationship, from commercial terms to operational procedures, while ensuring compliance with Maltese law and EU regulations. It typically includes detailed schedules that can be updated without amending the main agreement, providing both structure and flexibility. This document is essential for businesses establishing long-term supply chains, whether domestic or international, and incorporates necessary protections and obligations under Maltese commercial law.
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1. Parties: Identification of the supplier and customer, including registered addresses and company details
2. Background: Context of the agreement 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. Scope of Agreement: Overview of the supply arrangement and its intended operation
5. Supply Obligations: Core obligations of the supplier regarding the provision of goods/services
6. Ordering Process: Procedures for placing and accepting orders
7. Delivery Terms: Terms and conditions relating to delivery, including timing and logistics
8. Price and Payment: Pricing structure, payment terms, invoicing procedures
9. Quality Requirements: Quality standards, specifications, and quality control procedures
10. Title and Risk: Transfer of ownership and risk in the goods
11. Warranties: Warranties relating to the goods/services and general business warranties
12. Term and Termination: Duration of agreement and circumstances for termination
13. Liability and Indemnities: Allocation of risks and limitations of liability
14. Force Majeure: Provisions dealing with events beyond parties' reasonable control
15. Confidentiality: Protection of confidential information
16. General Provisions: Standard boilerplate clauses including notices, assignment, variation
1. Compliance with Laws: Specific section on regulatory compliance - include for regulated industries or products
2. Insurance: Detailed insurance requirements - include for high-value or high-risk supplies
3. Intellectual Property: IP rights and licenses - include if supply involves proprietary technology or branded products
4. Data Protection: GDPR and data protection obligations - include if personal data is processed
5. Import/Export Controls: International trade compliance - include for cross-border supply arrangements
6. Environmental Compliance: Environmental standards and requirements - include for environmentally sensitive products
7. Anti-Corruption: Anti-bribery and corruption provisions - include for international or high-value contracts
8. Business Continuity: Disaster recovery and business continuity - include for critical supply relationships
9. Subcontracting: Rules regarding use of subcontractors - include if subcontracting is contemplated
10. Change Control: Formal process for changes - include for complex or technical supplies
1. Schedule 1 - Products/Services: Detailed description of products or services to be supplied
2. Schedule 2 - Pricing: Detailed pricing structure, including any volume discounts or pricing mechanisms
3. Schedule 3 - Service Levels: Performance metrics and service level requirements
4. Schedule 4 - Technical Specifications: Detailed technical requirements and specifications
5. Schedule 5 - Key Contacts: Contact details for key personnel and escalation procedures
6. Schedule 6 - Ordering Procedure: Detailed ordering process including forms and timeframes
7. Schedule 7 - Quality Standards: Detailed quality requirements and testing procedures
8. Schedule 8 - Locations: Delivery locations and specific requirements for each
9. Appendix A - Form of Purchase Order: Standard form of purchase order to be used
10. Appendix B - Acceptance Testing: Procedures for acceptance testing of goods/services
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