This Master Supplier Agreement is designed for use in New Zealand commercial contexts where parties intend to establish a long-term supply relationship. It provides a governing framework for repeated transactions, eliminating the need to negotiate individual contracts for each supply arrangement. The agreement incorporates key requirements under New Zealand law, including provisions addressing fair trading, consumer protection (where applicable), and commercial law requirements. It is particularly suitable for businesses requiring regular supply of goods or services, where standardized terms, clear ordering processes, and defined service levels are essential. The agreement includes comprehensive provisions for risk management, performance monitoring, and dispute resolution, while maintaining flexibility through schedules that can be updated to reflect changing business needs.
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1. Parties: Identifies the contracting parties with their full legal names and addresses
2. Background: Sets out the context and purpose of the agreement
3. Definitions: Defines key terms used throughout the agreement
4. Appointment and Scope: Establishes the supplier's appointment and the general scope of services/goods to be provided
5. Term: Specifies the duration of the agreement, including any renewal options
6. Supply Obligations: Details the supplier's core obligations, service levels, and quality standards
7. Ordering Process: Describes how orders will be placed, accepted, and fulfilled
8. Pricing and Payment: Specifies pricing mechanisms, payment terms, and invoicing requirements
9. Performance Monitoring: Sets out how supplier performance will be measured and reviewed
10. Compliance: Covers regulatory compliance, permits, and standards that must be met
11. Risk and Insurance: Addresses risk allocation and required insurance coverage
12. Intellectual Property: Manages IP rights, ownership, and licenses
13. Confidentiality: Protects confidential information and trade secrets
14. Liability and Indemnities: Sets out liability limitations and indemnification obligations
15. Termination: Specifies termination rights and consequences
16. Dispute Resolution: Establishes process for resolving disputes
17. General: Contains standard boilerplate provisions
1. Data Protection: Required when personal data processing is involved in the supply relationship
2. Business Continuity: Important for critical supplies or services where continuity is essential
3. Environmental Compliance: Relevant when supplies have environmental impacts or sustainability requirements
4. Anti-Bribery and Corruption: Important when dealing with international supplies or government contracts
5. Change Control: Needed for complex supply arrangements where scope or specifications may change
6. Parent Company Guarantee: Used when supplier's parent company guarantee is required
7. Security Requirements: Important when supplier requires access to customer systems or facilities
8. Export Control: Required for international supply arrangements
9. Transition and Exit: Important for complex services requiring transition planning
10. Subcontracting: Required when supplier may need to subcontract certain obligations
1. Schedule 1 - Goods and Services: Detailed description of goods/services to be supplied
2. Schedule 2 - Pricing: Detailed pricing structure, rates, and charging mechanisms
3. Schedule 3 - Service Levels: Specific service levels and KPIs
4. Schedule 4 - Ordering Procedure: Detailed ordering process and requirements
5. Schedule 5 - Key Personnel: Lists key supplier personnel and their roles
6. Schedule 6 - Form of Purchase Order: Template purchase order form
7. Schedule 7 - Approved Subcontractors: List of pre-approved subcontractors if applicable
8. Schedule 8 - Technical Requirements: Detailed technical specifications and requirements
9. Schedule 9 - Business Continuity Plan: Details of business continuity arrangements
10. Schedule 10 - Data Processing Agreement: Specific terms for personal data processing if required
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