The Sales and Service Agreement is a vital commercial contract used when a business transaction involves both the sale of products and the provision of related services in Nigeria. This dual-purpose agreement is particularly relevant when products require ongoing maintenance, support, or associated services after sale. The document addresses key aspects including product specifications, service levels, warranties, pricing structures, and performance metrics, all while ensuring compliance with Nigerian commercial law and regulatory requirements. It's commonly used in technology implementations, industrial equipment sales, and other scenarios where the seller maintains an ongoing service relationship with the buyer beyond the initial sale. The agreement needs to carefully balance both aspects of the transaction while protecting both parties' interests under Nigerian jurisdiction.
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1. Parties: Identification and details of the contracting parties, including registration numbers and addresses
2. Background: Context of the agreement, including the business relationship and general purpose
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Sales: Detailed description of products to be sold, including specifications and quantities
5. Scope of Services: Detailed description of services to be provided, including service levels and standards
6. Pricing and Payment Terms: Pricing structure, payment schedules, and payment methods for both products and services
7. Delivery and Performance: Terms for product delivery and service performance, including timelines and locations
8. Quality Standards: Quality requirements for products and services, including compliance with Nigerian standards
9. Warranties and Representations: Warranties for products and services, including duration and scope
10. Term and Termination: Duration of agreement, renewal terms, and termination conditions
11. Liability and Indemnification: Limitation of liability and indemnification obligations
12. Confidentiality: Protection of confidential information and trade secrets
13. Governing Law and Dispute Resolution: Nigerian law as governing law and dispute resolution mechanisms
14. General Provisions: Standard boilerplate clauses including force majeure, notices, and assignment
1. Intellectual Property Rights: Include when the agreement involves software, technology, or branded products
2. Training and Support: Include when service includes training or ongoing technical support
3. Insurance Requirements: Include when specific insurance coverage is required for high-value or high-risk products/services
4. Export/Import Compliance: Include for international sales or products subject to trade regulations
5. Data Protection and Privacy: Include when personal data processing is involved
6. Change Management: Include when products or services may require modifications during the contract term
7. Environmental Compliance: Include for products or services with environmental impact considerations
8. Service Level Agreement (SLA): Include when specific performance metrics and penalties need to be defined
1. Product Specifications: Detailed technical specifications of products to be sold
2. Service Specifications: Detailed description of service scope and deliverables
3. Price List: Comprehensive pricing for all products and services, including any volume discounts
4. Service Level Metrics: Specific performance indicators and measurement criteria
5. Delivery Schedule: Detailed timeline for product delivery and service implementation
6. Quality Control Procedures: Specific procedures for quality assurance and testing
7. Support and Maintenance Terms: Detailed terms for ongoing support and maintenance services
8. Contact Details: Key contact persons and escalation matrix for both parties
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