This Vendor Supplier Agreement template is designed for use in New Zealand commercial contexts where a business requires a robust framework for managing its supplier relationships. The agreement is particularly suitable for medium to long-term supply arrangements where a company needs to establish clear terms for the procurement of goods and/or services. It incorporates key provisions required under New Zealand law and commercial practice, addressing essential aspects such as supply obligations, quality standards, pricing, warranties, and risk allocation. The document is structured to be adaptable across various industries while maintaining compliance with relevant legislation including the Contract and Commercial Law Act 2017, Fair Trading Act 1986, and Consumer Guarantees Act 1993. This agreement is typically used when establishing new supplier relationships or formalizing existing ones, and can be customized based on the specific nature of the goods or services being supplied.
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1. Parties: Identification and details of the vendor/supplier and the customer
2. Background: Context of the agreement and general commercial intent of the parties
3. Definitions: Defined terms used throughout the agreement
4. Supply of Goods/Services: Core obligations regarding the provision of goods/services
5. Quality Standards: Required quality standards and specifications for goods/services
6. Ordering Process: Procedures for placing and accepting orders
7. Delivery and Risk: Terms for delivery, transfer of risk, and acceptance procedures
8. Pricing and Payment: Price structure, payment terms, invoicing requirements
9. Term and Termination: Duration of agreement and termination provisions
10. Warranties: Warranties provided by the supplier for goods/services
11. Liability and Indemnities: Allocation of risks and liability between parties
12. Confidentiality: Protection of confidential information
13. Intellectual Property: Ownership and usage rights of IP
14. Insurance: Required insurance coverage
15. General Provisions: Standard boilerplate clauses including governing law, notices, etc.
1. Service Levels: Specific performance metrics and service levels - include when agreement involves ongoing services
2. Business Continuity: Disaster recovery and business continuity requirements - include for critical suppliers
3. Data Protection: Specific data handling requirements - include when personal data is processed
4. Anti-Bribery and Corruption: Compliance with anti-corruption laws - include for international suppliers or high-risk sectors
5. Change Control: Process for managing changes to goods/services - include for complex or long-term arrangements
6. Environmental Compliance: Environmental standards and requirements - include for suppliers with environmental impact
7. Subcontracting: Terms governing use of subcontractors - include when subcontracting is permitted
8. Import/Export: Import/export compliance requirements - include for international suppliers
1. Schedule 1 - Goods and Services Specification: Detailed description of goods/services to be supplied
2. Schedule 2 - Pricing Schedule: Detailed pricing structure, rates, and payment terms
3. Schedule 3 - Service Levels: Detailed service level requirements and KPIs
4. Schedule 4 - Key Personnel: Details of key supplier personnel assigned to the agreement
5. Schedule 5 - Approved Subcontractors: List of pre-approved subcontractors if applicable
6. Schedule 6 - Form of Purchase Order: Standard form for placing orders under the agreement
7. Appendix A - Insurance Requirements: Detailed insurance requirements and minimum coverage
8. Appendix B - Compliance Requirements: Specific compliance requirements and standards
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