The Product Agreement Contract serves as a fundamental commercial document used to formalize product supply relationships between businesses operating under Dutch jurisdiction. This agreement is essential when parties wish to establish a continuing commercial relationship for the supply of products, whether for resale, integration into other products, or commercial use. It addresses key aspects such as product specifications, quality standards, delivery terms, and pricing structures, while ensuring compliance with Dutch law, including the Burgerlijk Wetboek and relevant EU regulations. The document is particularly valuable for businesses engaging in regular product transactions that require detailed terms and conditions beyond simple purchase orders, providing a robust framework for ongoing commercial relationships while managing risks and responsibilities.
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1. Parties: Identification and details of the contracting parties
2. Background: Context of the agreement and brief description of the business relationship
3. Definitions: Definitions of key terms used throughout the agreement
4. Product Specifications: Detailed description of the products covered by the agreement
5. Ordering Process: Procedures for placing and accepting orders
6. Pricing and Payment Terms: Product pricing, payment terms, invoicing procedures
7. Delivery Terms: Delivery conditions, timelines, and Incoterms if applicable
8. Quality Requirements: Quality standards, specifications, and compliance requirements
9. Warranties: Product warranties and guarantees
10. Liability and Indemnification: Allocation of risks and responsibilities between parties
11. Term and Termination: Duration of agreement and termination provisions
12. Confidentiality: Protection of confidential information
13. Governing Law and Jurisdiction: Application of Dutch law and jurisdiction
14. General Provisions: Standard boilerplate clauses including severability, entire agreement, etc.
1. Intellectual Property Rights: Required when products involve IP rights or custom developments
2. Minimum Purchase Requirements: Include when there are minimum order quantities or purchase commitments
3. Exclusivity Provisions: When exclusive distribution or supply arrangements are agreed
4. Export Control: Required for international sales or restricted products
5. Force Majeure: Detailed force majeure provisions beyond standard clause
6. Data Protection: Required when personal data processing is involved
7. Product Support and Services: Include when additional services accompany product sales
8. Insurance Requirements: Specific insurance obligations beyond standard coverage
9. Environmental Compliance: Required for products with environmental impact or regulations
10. Change Management: Procedures for handling changes to specifications or terms
1. Schedule 1 - Product Specifications: Detailed technical specifications of products
2. Schedule 2 - Pricing Schedule: Detailed pricing information, including any volume discounts
3. Schedule 3 - Quality Standards: Specific quality requirements and testing procedures
4. Schedule 4 - Service Level Agreement: Performance metrics and service levels if applicable
5. Schedule 5 - Delivery Locations: List of approved delivery locations and specific requirements
6. Appendix A - Order Form Template: Standard form for placing orders
7. Appendix B - Product Handling Guidelines: Instructions for proper product handling and storage
8. Appendix C - Warranty Procedures: Detailed warranty claim procedures
9. Appendix D - Contact Details: Key contacts for both parties for various functions
Relevant legal definitions
Clauses
Relevant Industries
Manufacturing
Retail
Technology
Consumer Goods
Industrial Equipment
Electronics
Automotive
Chemical
Pharmaceuticals
Food and Beverage
Construction Materials
Medical Devices
Textiles
Agriculture
Energy
Relevant Teams
Legal
Procurement
Supply Chain
Commercial
Sales
Operations
Risk Management
Compliance
Finance
Quality Assurance
Product Management
Contract Administration
Business Development
Relevant Roles
Procurement Manager
Commercial Director
Supply Chain Manager
Legal Counsel
Contract Manager
Sales Director
Business Development Manager
Operations Manager
Category Manager
Purchasing Director
Commercial Manager
Product Manager
Vendor Manager
Chief Commercial Officer
Risk Manager
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