This Liability Agreement template is designed for use in New Zealand business contexts where parties need to clearly define and allocate their respective risks and liabilities. It is particularly relevant when businesses enter into relationships involving potential risks that need careful management and clear attribution of responsibility. The agreement incorporates key requirements under New Zealand law, including compliance with the Contract and Commercial Law Act 2017, Consumer Guarantees Act 1993, and Fair Trading Act 1986. It should be used when parties need to establish unambiguous boundaries for liability, set out insurance requirements, and create clear procedures for handling potential claims or disputes. The Liability Agreement is essential for risk management and provides a robust framework for protecting all parties' interests while maintaining compliance with New Zealand legal requirements.
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1. Parties: Identifies and provides full details of all parties to the agreement
2. Background: Sets out the context and purpose of the agreement, including the relationship between the parties
3. Definitions: Defines key terms used throughout the agreement for clarity and consistency
4. Scope of Agreement: Clearly defines the activities, services, or circumstances covered by the liability provisions
5. Duration: Specifies the term of the agreement and any survival provisions
6. Liability Provisions: Details the specific liability obligations, limitations, and exclusions
7. Indemnification: Sets out mutual or unilateral indemnification obligations
8. Insurance Requirements: Specifies required insurance coverage and minimum limits
9. Force Majeure: Addresses liability in circumstances beyond reasonable control
10. Dispute Resolution: Outlines the process for resolving disputes
11. Governing Law: Confirms New Zealand law applies and specifies jurisdiction
12. General Provisions: Includes standard boilerplate clauses such as severability, entire agreement, and amendments
1. Confidentiality: Include when parties will exchange confidential information
2. Intellectual Property: Include when IP rights are relevant to the liability arrangement
3. Data Protection: Include when personal data processing is involved
4. Special Industry Requirements: Include when specific industry regulations apply
5. Third Party Rights: Include when third parties may be affected by or benefit from the agreement
6. Environmental Liability: Include for activities with potential environmental impacts
7. Product Liability: Include when the agreement relates to product manufacturing or distribution
8. Professional Services Liability: Include for professional service providers
1. Schedule 1 - Insurance Requirements: Detailed breakdown of required insurance coverage, limits, and conditions
2. Schedule 2 - Liability Caps: Specific monetary limits on liability for different types of claims or losses
3. Schedule 3 - Risk Allocation Matrix: Detailed matrix showing allocation of various risks between parties
4. Schedule 4 - Claim Procedures: Detailed procedures for making and processing liability claims
5. Appendix A - Defined Activities: Detailed description of activities covered by the liability provisions
6. Appendix B - Excluded Risks: Comprehensive list of specifically excluded risks and liabilities
Relevant legal definitions
Clauses
Relevant Industries
Construction
Manufacturing
Professional Services
Technology
Healthcare
Transportation
Retail
Education
Financial Services
Engineering
Consulting
Insurance
Real Estate
Energy
Telecommunications
Relevant Teams
Legal
Risk Management
Compliance
Operations
Finance
Procurement
Commercial
Insurance
Executive Leadership
Health and Safety
Project Management
Business Development
Relevant Roles
Legal Counsel
Risk Manager
Compliance Officer
Contract Manager
Operations Director
Chief Financial Officer
Project Manager
Business Development Manager
Insurance Manager
Chief Executive Officer
Procurement Manager
General Manager
Commercial Director
Health and Safety Manager
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