The Business Agreement Between Two Companies serves as a foundational document for establishing formal commercial relationships in New Zealand's business environment. This agreement is essential when companies need to formalize their business arrangements, whether for service provision, supply relationships, or strategic partnerships. It incorporates necessary elements required under New Zealand law, including the Contract and Commercial Law Act 2017 and the Companies Act 1993, while providing flexibility to address specific commercial requirements. The document typically includes provisions for term, payment, obligations, intellectual property, confidentiality, liability, dispute resolution, and termination. It's designed to protect both parties' interests while facilitating clear communication and understanding of their respective rights and obligations.
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1. Parties: Identifies the contracting companies with their full legal names, company numbers, and registered addresses
2. Background: Sets out the context and purpose of the agreement, including brief description of each company's business and their intentions
3. Definitions: Defines key terms used throughout the agreement to ensure consistent interpretation
4. Term and Commencement: Specifies when the agreement starts and its duration
5. Obligations of the Parties: Details the core responsibilities and commitments of each party
6. Payment Terms: Specifies pricing, payment schedules, invoicing procedures, and payment methods
7. Intellectual Property: Addresses ownership and usage rights of existing and new IP
8. Confidentiality: Defines confidential information and obligations to protect it
9. Liability and Indemnity: Sets out liability limitations and indemnification obligations
10. Termination: Specifies how the agreement can be terminated and the consequences
11. Dispute Resolution: Outlines the process for resolving disagreements
12. General Provisions: Contains standard boilerplate clauses including governing law, notices, and assignment
1. Service Levels: Include when agreement involves ongoing service delivery with specific performance metrics
2. Data Protection: Required when parties will be sharing or processing personal data
3. Insurance: Include when specific insurance coverage is required for the business relationship
4. Force Majeure: Optional but recommended for long-term agreements or when external factors could significantly impact performance
5. Change Control: Include for agreements where scope or requirements might need formal variation processes
6. Compliance with Laws: Include when specific regulatory compliance obligations need to be addressed
7. Audit Rights: Include when one party needs rights to audit the other's performance or compliance
8. Business Continuity: Include for critical business relationships requiring disaster recovery planning
1. Schedule 1 - Services/Products: Detailed description of services or products being provided
2. Schedule 2 - Pricing and Payment: Detailed pricing structures, rates, and payment terms
3. Schedule 3 - Service Levels: Specific performance metrics and measurement criteria
4. Schedule 4 - Key Personnel: Lists key contacts and their roles from each party
5. Schedule 5 - Technical Requirements: Technical specifications or requirements
6. Appendix A - Form of Change Request: Template for requesting and documenting changes to the agreement
7. Appendix B - Security Requirements: Detailed security protocols and requirements
8. Appendix C - Compliance Checklist: List of specific compliance requirements and confirmations
Relevant legal definitions
Clauses
Relevant Industries
Technology and Software
Manufacturing
Professional Services
Retail and Distribution
Financial Services
Healthcare
Construction
Telecommunications
Energy and Utilities
Transportation and Logistics
Agriculture and Food Production
Media and Entertainment
Relevant Teams
Legal
Finance
Procurement
Commercial
Operations
Risk and Compliance
Business Development
Account Management
Project Management
Supply Chain
Executive Leadership
Relevant Roles
Chief Executive Officer
Chief Financial Officer
Chief Operating Officer
Commercial Director
Procurement Manager
Legal Counsel
Contract Manager
Business Development Manager
Operations Manager
Finance Manager
Risk Manager
Compliance Officer
Project Manager
Account Manager
Supply Chain Manager
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