The Master Pricing Agreement serves as a crucial commercial document for businesses engaging in regular transactions where standardized pricing terms are essential. This agreement type is particularly valuable when parties anticipate an ongoing business relationship with multiple transactions over time, requiring consistent pricing mechanisms and terms. Under Dutch law, it provides a comprehensive framework that addresses pricing structures, adjustment mechanisms, payment terms, and related commercial conditions. The document typically includes detailed schedules for specific pricing information while maintaining flexibility for future adjustments. It's designed to comply with Dutch civil law requirements, including the Burgerlijk Wetboek provisions on commercial contracts, and incorporates necessary elements regarding VAT, competition law, and electronic commerce regulations where applicable.
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1. Parties: Identification and details of the contracting parties
2. Background: Context of the agreement and business relationship
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Agreement: Overview of products/services covered and nature of the pricing relationship
5. Pricing Structure: Core pricing mechanisms, including base prices, adjustments, and calculation methods
6. Payment Terms: Payment conditions, timing, invoicing requirements, and late payment consequences
7. Term and Termination: Duration of the agreement and termination provisions
8. Price Adjustment Mechanisms: Procedures for price reviews, adjustments, and related notifications
9. Volume Commitments: Any minimum purchase obligations or volume-based pricing tiers
10. Quality and Performance Standards: Quality requirements and performance metrics affecting pricing
11. Confidentiality: Protection of pricing and other confidential information
12. Governing Law and Jurisdiction: Application of Dutch law and jurisdiction for disputes
13. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments
1. Most Favored Customer: Include when requiring price matching with other customers' terms
2. Currency and Exchange Rates: Include for international agreements with multiple currencies
3. Cost Pass-Through Provisions: Include when certain costs can be passed through to the other party
4. Audit Rights: Include when pricing verification rights are needed
5. Force Majeure: Include when specific events affecting pricing need to be addressed
6. Compliance with Laws: Include when specific regulatory compliance affects pricing
7. Data Protection: Include when pricing involves personal data processing
8. Intellectual Property: Include when IP rights affect pricing or licensing
9. Insurance Requirements: Include when specific insurance coverage affects pricing
10. Sustainability Provisions: Include when environmental factors affect pricing
1. Schedule A - Price List: Detailed list of prices for all products/services covered
2. Schedule B - Price Adjustment Formula: Specific formulas and methodologies for price adjustments
3. Schedule C - Volume Discount Structure: Detailed volume-based pricing tiers and discounts
4. Schedule D - Service Level Requirements: Performance metrics affecting pricing adjustments
5. Schedule E - Reporting Requirements: Templates and requirements for pricing-related reports
6. Appendix 1 - Product/Service Specifications: Detailed specifications of items covered by the pricing
7. Appendix 2 - Key Performance Indicators: Metrics for measuring performance and price adjustments
8. Appendix 3 - Invoice Format: Standard format and requirements for invoicing
9. Appendix 4 - Contact Details: List of key contacts for pricing-related communications
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