This Preferred Supplier Agreement template is designed for use in commercial relationships where a buyer wishes to establish a long-term, preferential purchasing arrangement with a key supplier under Dutch law. The document is particularly suitable for situations requiring regular procurement of goods or services, where the buyer seeks to secure favorable terms, reliable supply, and potentially exclusive arrangements. It includes comprehensive provisions addressing pricing structures, service levels, quality standards, and operational procedures, while ensuring compliance with Dutch legal requirements including the Burgerlijk Wetboek and competition laws. The agreement is structured to accommodate both straightforward supply arrangements and more complex relationships involving multiple buyer entities or international trade considerations.
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1. Parties: Identification and details of the contracting parties
2. Background: Context of the agreement and business relationship
3. Definitions: Definitions of key terms used throughout the agreement
4. Appointment and Scope: Terms of supplier appointment, including any exclusivity provisions and scope of supply
5. Duration and Renewal: Term of the agreement, including initial period and renewal provisions
6. Ordering Process: Procedures for placing and accepting orders
7. Pricing and Payment: Pricing structure, payment terms, and invoicing requirements
8. Service Levels: Performance standards, KPIs, and measurement criteria
9. Quality Requirements: Quality standards, specifications, and compliance requirements
10. Delivery and Logistics: Delivery terms, timelines, and logistics arrangements
11. Warranties and Representations: Standard and specific warranties provided by the supplier
12. Liability and Indemnification: Allocation of risks and liability between parties
13. Intellectual Property: IP rights, ownership, and usage permissions
14. Confidentiality: Protection and handling of confidential information
15. Data Protection: GDPR compliance and data handling requirements
16. Force Majeure: Provisions for unforeseen circumstances and their handling
17. Termination: Grounds and process for termination
18. Consequences of Termination: Post-termination obligations and arrangements
19. Governing Law and Jurisdiction: Application of Dutch law and jurisdiction provisions
20. General Provisions: Standard boilerplate clauses including notices, amendments, and assignments
1. Volume Commitments: Minimum purchase obligations and related incentives - include when there are specific volume targets
2. International Trade Terms: Specific provisions for international trade including Incoterms - include for cross-border supply
3. Insurance Requirements: Detailed insurance obligations - include for high-value or high-risk supplies
4. Environmental Compliance: Environmental standards and sustainability requirements - include for environmentally sensitive supplies
5. Business Continuity: Disaster recovery and business continuity requirements - include for critical supplies
6. Anti-Corruption Compliance: Anti-bribery and corruption provisions - include for international trade or public sector contracts
7. Staff and Subcontracting: Requirements for supplier personnel and subcontractor use - include when service element is significant
8. Innovation and Development: Provisions for product/service development and improvement - include for technical or evolving products
9. Marketing and Branding: Usage of trademarks and marketing requirements - include when brand visibility is important
10. Audit Rights: Detailed audit provisions - include for regulated industries or critical suppliers
1. Schedule 1 - Products/Services Specification: Detailed description of products/services covered by the agreement
2. Schedule 2 - Pricing Schedule: Detailed pricing structure, including any volume discounts or incentives
3. Schedule 3 - Service Levels and KPIs: Detailed performance metrics and measurement methodology
4. Schedule 4 - Ordering Procedure: Detailed process flow for ordering, including forms and systems
5. Schedule 5 - Technical Requirements: Technical specifications and standards
6. Schedule 6 - Contact Details: Key contacts and escalation matrix
7. Schedule 7 - Data Processing Agreement: GDPR-compliant data processing terms if applicable
8. Schedule 8 - Business Continuity Plan: Detailed continuity and disaster recovery procedures
9. Schedule 9 - Form of Purchase Order: Standard purchase order template
10. Schedule 10 - Transition Plan: Implementation and transition procedures
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