This Master Contract Agreement is designed for use in commercial relationships where parties anticipate multiple future transactions or ongoing service arrangements under New Zealand law. It serves as the primary governing document that establishes the fundamental commercial and legal framework between the parties, setting out key terms, conditions, and processes that will apply to all subsequent specific agreements or statements of work. The agreement incorporates essential provisions required by New Zealand legislation, including requirements under the Contract and Commercial Law Act 2017, Fair Trading Act 1986, and Privacy Act 2020. It is particularly suitable for complex commercial relationships requiring standardized processes, risk allocation, and governance frameworks, while maintaining flexibility for future specific arrangements. The document includes comprehensive provisions for contract administration, performance management, dispute resolution, and compliance with New Zealand regulatory requirements.
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1. Parties: Identifies and defines all parties to the agreement, including their legal status and contact details
2. Background: Sets out the context and purpose of the master agreement, including the intention to enter into future specific agreements
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules
4. Term and Renewal: Specifies the duration of the master agreement and any renewal provisions
5. Structure of Agreement: Explains the relationship between the master agreement and subsequent specific agreements
6. Ordering Process: Details how specific services or goods will be ordered under the master agreement
7. Pricing and Payment Terms: Establishes general pricing principles, payment terms, and invoicing requirements
8. Performance Standards: Sets out the general standards of performance expected from both parties
9. Intellectual Property Rights: Addresses ownership and usage rights of intellectual property
10. Confidentiality: Defines confidential information and establishes protection obligations
11. Liability and Indemnification: Sets out liability limitations and indemnification obligations
12. Insurance: Specifies required insurance coverage and minimum limits
13. Termination: Details grounds for termination and the process to be followed
14. Dispute Resolution: Establishes the process for resolving disputes
15. General Provisions: Includes standard boilerplate clauses such as notices, assignment, and governing law
1. Data Protection and Privacy: Required when personal data processing is involved, detailing compliance with the Privacy Act 2020
2. Service Levels: Include when specific performance metrics need to be measured and managed
3. Change Control: Add when there's likely to be significant variations to services or products over time
4. Business Continuity: Important for critical services or long-term supply arrangements
5. Anti-Bribery and Corruption: Include for international dealings or high-risk industries
6. Environmental Compliance: Required for agreements involving environmental impacts or sustainability commitments
7. Import/Export Controls: Include for international trade arrangements
8. Security Requirements: Add for agreements involving sensitive information or systems access
9. Transition and Exit: Important for complex services that require careful handover arrangements
1. Schedule 1 - Pricing Schedule: Details of rate cards, pricing mechanisms, and any volume discounts
2. Schedule 2 - Service Descriptions: Detailed descriptions of available services or products under the agreement
3. Schedule 3 - Service Levels and KPIs: Specific performance metrics and measurement methodologies
4. Schedule 4 - Governance and Reporting: Management structure, meeting requirements, and reporting obligations
5. Schedule 5 - Form of Statement of Work: Template for specific agreements under the master agreement
6. Schedule 6 - Security Requirements: Detailed security protocols and requirements
7. Schedule 7 - Insurance Requirements: Specific insurance types and coverage levels required
8. Appendix A - Key Personnel: List of key contacts and responsible personnel from both parties
9. Appendix B - Approved Subcontractors: List of pre-approved subcontractors if applicable
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