Delivery Partner Agreement Template for England and Wales

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Key Requirements PROMPT example:

Delivery Partner Agreement

"Need a Delivery Partner Agreement for our e-commerce platform expansion into Northern England, partnering with a fleet of 50+ independent drivers who will handle last-mile delivery of our products, starting from March 2025."

What is a Delivery Partner Agreement?

The Delivery Partner Agreement is essential for businesses operating in England and Wales that require reliable delivery services as part of their operations. This contract type is designed to establish clear expectations, responsibilities, and performance standards between the principal company and its delivery partners. It addresses critical aspects such as service scope, operational procedures, compliance requirements, risk allocation, and commercial terms. The agreement ensures adherence to UK regulations while providing flexibility to accommodate various delivery models and business needs.

What sections should be included in a Delivery Partner Agreement?

1. Parties: Identifies and defines the contracting parties (Principal and Delivery Partner)

2. Background: Sets out context and commercial purpose of the delivery partner arrangement

3. Definitions and Interpretation: Defines key terms used throughout the agreement and rules of interpretation

4. Services: Details the delivery services to be provided, including scope and requirements

5. Payment Terms: Specifies fees, payment schedule, invoicing process, and any performance-related payments

6. Service Levels: Defines performance metrics, standards, and consequences of failure to meet them

7. Term and Termination: Duration of agreement, renewal provisions, and termination rights

8. Obligations of the Delivery Partner: Key responsibilities and commitments of the delivery partner

9. Obligations of the Principal: Key responsibilities and commitments of the principal party

10. Compliance with Laws: Requirements to comply with relevant legislation and regulations

11. Insurance and Liability: Insurance requirements and limitation of liability provisions

12. Confidentiality: Protection and handling of confidential information

13. Data Protection: Compliance with data protection laws and data handling requirements

14. Intellectual Property: Ownership and usage rights of intellectual property

15. Force Majeure: Provisions for handling events beyond reasonable control

16. Governing Law and Jurisdiction: Specification of English and Welsh law as governing law and jurisdiction

What sections are optional to include in a Delivery Partner Agreement?

1. Change Control: Process for managing changes to services or agreement terms (for complex or long-term arrangements)

2. Subcontracting: Terms governing use of subcontractors and subcontractor management

3. Technology Requirements: Specific technology or system requirements for service delivery

4. Training and Support: Requirements for training staff and providing operational support

5. Business Continuity: Requirements for business continuity and disaster recovery

6. Environmental Requirements: Specific environmental compliance and sustainability requirements

What schedules should be included in a Delivery Partner Agreement?

1. Schedule 1 - Service Description: Detailed specification of delivery services and operational requirements

2. Schedule 2 - Service Levels: Detailed performance metrics, KPIs, and measurement methodology

3. Schedule 3 - Pricing Schedule: Detailed pricing structure, rates, and payment terms

4. Schedule 4 - Data Processing Agreement: GDPR-compliant data processing terms and requirements

5. Schedule 5 - Operating Manual: Detailed operational procedures, processes, and requirements

6. Schedule 6 - Insurance Requirements: Detailed insurance coverage requirements and minimum levels

7. Schedule 7 - Key Personnel: Details of key personnel from both parties and their roles

8. Schedule 8 - Form of Change Control Notice: Template and process for implementing contract changes

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Industries

Supply of Goods and Services Act 1982: Primary legislation governing contracts for the supply of goods and services, setting out implied terms and obligations

Consumer Rights Act 2015: Legislation protecting consumer rights in B2C relationships, including quality of service and delivery requirements

Contracts (Rights of Third Parties) Act 1999: Governs how third parties may enforce terms of a contract to which they are not directly party

Modern Slavery Act 2015: Requires businesses to ensure their supply chains are free from slavery and human trafficking

Competition Act 1998: Prohibits anti-competitive behavior and ensures fair market practices

UK GDPR: Post-Brexit data protection regulation governing how personal data must be handled and processed

Data Protection Act 2018: UK's implementation of data protection standards, working alongside UK GDPR

Privacy and Electronic Communications Regulations: Specific rules for electronic communications, privacy and data protection

Employment Rights Act 1996: Fundamental employment legislation covering workers' rights and employer obligations

National Minimum Wage Act 1998: Ensures workers receive minimum wage payments, including delivery partners if classified as workers

Working Time Regulations 1998: Governs maximum working hours, rest breaks and holiday entitlements

Agency Workers Regulations 2010: Protects rights of agency workers and temporary staff

Health and Safety at Work Act 1974: Primary legislation for workplace health and safety requirements

Management of Health and Safety at Work Regulations 1999: Detailed requirements for workplace risk assessments and safety management

Road Traffic Act 1988: Governs road usage, vehicle requirements and mandatory insurance for delivery vehicles

Transport Act 1968: Regulates transport operations and operator licensing

Goods Vehicles (Licensing of Operators) Act 1995: Specific requirements for operators of goods vehicles

Employer's Liability (Compulsory Insurance) Act 1969: Mandates employer's liability insurance requirements

Environmental Protection Act 1990: Sets environmental standards and obligations for businesses

Climate Change Act 2008: Framework for reducing carbon emissions and environmental impact

Bribery Act 2010: Anti-corruption legislation requiring adequate procedures to prevent bribery

Value Added Tax Act 1994: Governs VAT obligations and requirements in business transactions

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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