A Sales Addendum is a crucial legal document used when parties need to modify their existing sales agreement without creating an entirely new contract. Under Dutch law, this document must comply with the Burgerlijk Wetboek (Dutch Civil Code) requirements for contract modifications. It's commonly used when business circumstances require adjustments to pricing, product specifications, delivery terms, or other commercial arrangements. The Sales Addendum ensures that changes are properly documented and legally binding while maintaining the validity of the original agreement. It's particularly relevant in ongoing commercial relationships where flexibility is needed to adapt to changing market conditions, new business requirements, or modified commercial terms. The document should clearly reference the original agreement and specify which provisions are being modified, added, or removed.
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1. Parties: Identification of the contracting parties as listed in the original agreement
2. Background: Reference to the original agreement including its date and purpose, and the reason for this addendum
3. Definitions: Any new terms being introduced by the addendum or reference to definitions in the original agreement
4. Scope of Modification: Clear statement of which provisions of the original agreement are being modified
5. Amendment Details: Specific changes, additions, or deletions to the original agreement
6. Effect on Original Agreement: Statement that all other terms of the original agreement remain in full force and effect
7. Effective Date: When the modifications take effect
8. Governing Law: Confirmation of Dutch law governance (usually referencing the original agreement's governing law clause)
9. Execution: Signature blocks for all parties
1. Additional Representations and Warranties: Include when new commitments or guarantees are being made as part of the modification
2. Consideration: Include when there is a new or modified payment or value exchange
3. Term and Termination Modifications: Include when changing the duration or termination provisions of the original agreement
4. Compliance with Laws: Include when modifications involve new regulatory requirements or compliance obligations
5. Integration Clause: Include when multiple addenda exist to clarify the hierarchy of documents
1. Schedule A - Revised Pricing: Detailed breakdown of any price changes or new pricing structures
2. Schedule B - Modified Specifications: Technical specifications or product details that are being updated
3. Schedule C - Implementation Timeline: Timeline for implementing the changes specified in the addendum
4. Appendix 1 - Revised Service Levels: Updated service level agreements or performance metrics
5. Appendix 2 - Documentation: Copies of relevant certificates, permits, or other supporting documents related to the modifications
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