The Exclusive Purchasing Agreement is a specialized commercial contract used when a business commits to purchasing specific products or services exclusively from a designated supplier. This document is particularly relevant in the New Zealand market where businesses seek to establish stable, long-term supply relationships while ensuring compliance with local competition laws. The agreement typically includes detailed terms covering pricing structures, minimum purchase obligations, quality standards, and delivery requirements. It is designed to provide certainty of supply for the purchaser while guaranteeing a stable customer base for the supplier. The document must carefully balance exclusivity provisions with competition law requirements under New Zealand's Commerce Act 1986, making it suitable for businesses looking to secure their supply chain without creating anti-competitive market conditions.
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1. Parties: Identifies and provides full legal details of the supplier and purchaser
2. Background: Sets out the context of the agreement and the parties' intentions
3. Definitions: Defines key terms used throughout the agreement
4. Exclusive Purchase Commitment: Details the exclusivity obligations and minimum purchase commitments
5. Supply Obligations: Outlines the supplier's obligations to provide products/services
6. Ordering Process: Describes the procedure for placing and accepting orders
7. Pricing and Payment: Specifies prices, payment terms, and any price adjustment mechanisms
8. Delivery and Risk: Details delivery terms, risk transfer, and acceptance procedures
9. Quality Requirements: Specifies quality standards and inspection rights
10. Term and Termination: Sets out the duration and termination provisions
11. Confidentiality: Protects confidential information exchanged between parties
12. General Provisions: Includes standard boilerplate clauses like governing law, notices, and assignment
1. Territory Restrictions: Defines geographical limitations of the exclusive purchasing arrangement
2. Performance Metrics: Establishes KPIs and performance measurement criteria
3. Marketing and Promotion: Details any marketing obligations or restrictions
4. Insurance Requirements: Specifies required insurance coverage
5. Force Majeure: Addresses circumstances beyond parties' control
6. Change Control: Procedures for making changes to products or terms
7. Intellectual Property: Manages IP rights and licenses if relevant to the products
8. Competition Compliance: Additional provisions ensuring compliance with competition laws
1. Product Specifications: Detailed technical specifications of products covered by the agreement
2. Pricing Schedule: Detailed pricing information, including any volume discounts or pricing mechanisms
3. Service Levels: Specific performance standards and metrics
4. Ordering Procedures: Detailed procedures for placing and processing orders
5. Approved Locations: List of approved delivery or collection locations
6. Key Personnel: Details of key contacts and representatives from both parties
7. Reporting Requirements: Templates and specifications for required reports
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