The Commercial Supplier Agreement is essential for businesses operating in England and Wales who engage in the regular supply of goods or services. This document establishes clear contractual obligations, risk allocation, and performance standards between parties. It incorporates key requirements under English law, including provisions from the Sale of Goods Act 1979 and Supply of Goods and Services Act 1982. The agreement is particularly valuable for ongoing commercial relationships where regular supply arrangements need to be formalized and protected.
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1. Parties: Identification and details of the contracting parties
2. Background: Context and purpose of the agreement
3. Definitions and Interpretation: Key terms and interpretation rules
4. Supply of Goods/Services: Core obligations regarding the supply
5. Pricing and Payment: Payment terms, invoicing, and price adjustment mechanisms
6. Service Levels: Performance standards and metrics
7. Term and Termination: Duration and termination provisions
8. Liability and Indemnities: Risk allocation between parties
9. Confidentiality: Protection of confidential information
10. Governing Law and Jurisdiction: Applicable law and dispute resolution
1. Data Protection: Required when personal data is processed under UK GDPR and Data Protection Act 2018
2. Intellectual Property: IP ownership and licensing terms for contracts involving intellectual property rights
3. Force Majeure: Provisions for unforeseeable circumstances in long-term or high-value contracts
4. Change Control: Process for managing changes in complex or long-term arrangements
5. Insurance: Insurance requirements for high-risk or regulated supplies
1. Schedule 1 - Specification: Detailed description of goods/services to be supplied
2. Schedule 2 - Charges: Detailed pricing structure and rates
3. Schedule 3 - Service Levels: Detailed performance metrics and KPIs
4. Schedule 4 - Processing of Personal Data: Details of data processing activities and compliance requirements
5. Schedule 5 - Form of Change Control Notice: Template for documenting and approving contract variations
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