The Trade Contract serves as a foundational document for businesses engaging in regular commercial transactions in New Zealand. It is designed for situations where parties need to establish a formal trading relationship with clear terms for the supply of goods or services. This document is particularly useful for ongoing business relationships rather than one-off transactions, incorporating comprehensive terms that address ordering processes, delivery requirements, quality standards, and payment terms. The agreement ensures compliance with New Zealand commercial law while providing flexibility to accommodate various trading arrangements. It can be customized for different industries and trading relationships while maintaining core protections and obligations for all parties involved.
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1. Parties: Identifies and provides full legal details of all parties to the contract
2. Background: Sets out the context and purpose of the trading relationship
3. Definitions: Defines key terms used throughout the agreement
4. Supply Terms: Details the goods/services to be supplied, quantities, and specifications
5. Ordering Process: Describes how orders will be placed, confirmed, and fulfilled
6. Price and Payment: Specifies prices, payment terms, invoicing requirements, and GST treatment
7. Delivery: Sets out delivery terms, timing, locations, and risk transfer
8. Quality and Inspection: Establishes quality standards and inspection/acceptance procedures
9. Warranties: Details warranties provided for goods/services
10. Term and Termination: Specifies contract duration and termination rights
11. Liability and Indemnity: Sets out liability limitations and indemnification obligations
12. Confidentiality: Protects confidential information exchanged during the trading relationship
13. Dispute Resolution: Establishes process for resolving disputes
14. General Provisions: Contains standard boilerplate clauses including governing law, notices, and assignment
1. Intellectual Property: Include when the trade involves IP rights, licensed materials, or brand usage
2. Insurance: Include when specific insurance requirements need to be maintained by either party
3. Performance Guarantees: Include when specific performance levels need to be maintained
4. Export/Import Requirements: Include for international trade arrangements
5. Compliance with Laws: Include when specific regulatory compliance needs to be addressed
6. Force Majeure: Include when parties want specific provisions for handling unforeseen events
7. Security Interests: Include when goods are supplied on credit or retention of title is required
8. Change Control: Include when the trading relationship may require formal processes for changes
9. Business Continuity: Include when supply continuity is critical to the customer
1. Schedule 1 - Products/Services: Detailed specifications of goods/services being traded
2. Schedule 2 - Pricing: Detailed pricing information, including any volume discounts or special rates
3. Schedule 3 - Service Levels: Performance metrics and service level requirements
4. Schedule 4 - Key Contacts: Contact details for key personnel from each party
5. Schedule 5 - Delivery Locations: List of approved delivery locations and specific requirements
6. Schedule 6 - Special Terms: Any special terms or requirements for specific products/services
7. Appendix A - Order Form Template: Standard form for placing orders under the agreement
8. Appendix B - Quality Standards: Detailed quality requirements and specifications
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