The General Terms and Conditions of Contract serves as the cornerstone document for businesses operating in New Zealand, establishing the foundational framework for commercial relationships with customers, clients, and business partners. This document is essential for any business conducting regular transactions or providing services, as it sets out the standard terms that govern all business dealings. It incorporates requirements from key New Zealand legislation, including consumer protection laws and fair trading regulations, while providing flexibility to accommodate various business models and industry-specific needs. The document is designed to protect the interests of all parties while ensuring compliance with New Zealand legal requirements, making it suitable for both B2B and B2C relationships.
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1. Parties: Identifies the contracting parties, including full legal names and addresses
2. Background: Sets out the context and purpose of the terms and conditions
3. Definitions and Interpretation: Defines key terms and establishes interpretation rules for the agreement
4. Application of Terms: Establishes how and when these terms apply to the business relationship
5. Ordering Process: Details how orders are placed, accepted, and processed
6. Price and Payment: Specifies pricing, payment terms, invoicing, and payment methods
7. Delivery and Performance: Outlines delivery terms, timeframes, and performance standards
8. Risk and Title: Determines when risk and ownership of goods passes to the customer
9. Warranties and Representations: States the warranties provided and compliance with Consumer Guarantees Act
10. Liability and Indemnity: Sets out liability limitations and indemnification obligations
11. Termination: Specifies how and when the agreement can be terminated
12. Force Majeure: Addresses circumstances beyond parties' control affecting performance
13. Confidentiality: Protects confidential information exchanged between parties
14. General Provisions: Contains standard boilerplate clauses including governing law, notices, and assignment
1. Intellectual Property: Required when IP rights are relevant to the goods/services provided
2. Data Protection: Needed when personal data is collected or processed
3. Credit Terms: Include when offering credit facilities to customers
4. Returns and Refunds: Required for retail or consumer-facing businesses
5. Service Level Agreement: Include when providing ongoing services with specific performance metrics
6. Insurance: Required when specific insurance obligations need to be imposed
7. Export/Import Controls: Include for international trade relationships
8. Compliance with Laws: Add when specific regulatory compliance needs emphasis
1. Schedule 1 - Pricing Schedule: Details of pricing, rates, and payment terms
2. Schedule 2 - Service Specifications: Detailed description of products or services covered
3. Schedule 3 - Service Levels: Specific performance metrics and service standards
4. Schedule 4 - Special Terms: Any special terms applying to specific products or services
5. Appendix A - Contact Details: Key contacts and notice details for both parties
6. Appendix B - Technical Requirements: Technical specifications or requirements
7. Appendix C - Forms and Procedures: Standard forms, ordering procedures, and processes
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