This Business To Business Contract template is designed for use in New Zealand commercial transactions where two or more business entities wish to establish a formal commercial relationship. It serves as a comprehensive framework for documenting business arrangements, incorporating mandatory requirements under New Zealand law while maintaining flexibility for various commercial scenarios. The document includes essential provisions for risk allocation, performance obligations, and dispute resolution, tailored to meet the requirements of New Zealand's commercial law framework. It is particularly suitable for ongoing business relationships, significant one-time transactions, or complex commercial arrangements where clear terms and conditions are crucial. The template accommodates various business sectors and can be customized based on specific industry requirements while ensuring compliance with relevant New Zealand legislation such as the Contract and Commercial Law Act 2017 and Fair Trading Act 1986.
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1. Parties: Identifies the contracting parties with their full legal names, registration numbers, and registered addresses
2. Background: Sets out the context and purpose of the agreement, including any relevant history of the business relationship
3. Definitions: Defines key terms used throughout the agreement to ensure clear interpretation
4. Term and Commencement: Specifies the duration of the agreement and when it becomes effective
5. Services/Goods: Details the core obligations, products, or services to be provided under the agreement
6. Payment Terms: Specifies pricing, payment schedules, invoicing requirements, and GST treatment
7. Obligations and Responsibilities: Lists specific duties and responsibilities of each party
8. Representations and Warranties: States the promises and assurances made by each party
9. Intellectual Property: Addresses ownership and usage rights of IP involved in the agreement
10. Confidentiality: Defines confidential information and obligations regarding its protection
11. Liability and Indemnity: Sets out liability limitations and indemnification obligations
12. Termination: Specifies how and when the agreement can be terminated
13. Dispute Resolution: Outlines the process for resolving disputes
14. General Provisions: Contains standard boilerplate clauses including governing law, notices, and assignment
15. Execution: Signature blocks and execution details
1. Service Levels: Include when specific performance metrics need to be maintained
2. Change Control: Include for contracts where scope or specifications may need to change over time
3. Insurance: Include when specific insurance coverage requirements need to be maintained
4. Data Protection: Include when significant personal data processing is involved
5. Force Majeure: Include when protection against unforeseen events is required
6. Anti-Bribery and Corruption: Include for high-value contracts or when dealing with government-related entities
7. Audit Rights: Include when one party needs rights to audit the other's compliance
8. Business Continuity: Include for critical service providers or long-term partnerships
9. Export Control: Include when goods or services may be subject to export regulations
10. Environmental Compliance: Include when environmental impacts are relevant to the contract
1. Schedule 1 - Pricing and Payment Terms: Detailed breakdown of prices, rates, and payment schedules
2. Schedule 2 - Service/Product Specifications: Detailed technical specifications or service descriptions
3. Schedule 3 - Service Levels and KPIs: Specific performance metrics and measurement criteria
4. Schedule 4 - Change Request Form: Template for requesting and documenting changes
5. Schedule 5 - Key Personnel: List of key contacts and responsible personnel from each party
6. Schedule 6 - Implementation Plan: Timeline and milestones for contract implementation
7. Appendix A - Insurance Requirements: Detailed insurance coverage requirements
8. Appendix B - Compliance Requirements: Specific regulatory or compliance obligations
9. Appendix C - Technical Requirements: Detailed technical standards or requirements
Relevant legal definitions
Agreement
Business Day
Business Hours
Charges
Commencement Date
Confidential Information
Contract Year
Dispute
Effective Date
Force Majeure Event
Good Industry Practice
GST
Intellectual Property Rights
Key Personnel
Laws
Material Breach
Party/Parties
Personnel
Products
Purchase Order
Related Company
Representatives
Services
Service Levels
Specifications
Subsidiary
Term
Territory
Third Party
Working Day
Background IP
Deliverables
Documentation
Emergency
Fees
Implementation Plan
Insolvency Event
Loss
Milestone
Notice
Performance Standards
Regulatory Requirements
Schedule
Security Requirements
Site
Statement of Work
Subcontractor
Supplier Materials
Tax Invoice
Variation
Business Day
Business Hours
Charges
Commencement Date
Confidential Information
Contract Year
Dispute
Effective Date
Force Majeure Event
Good Industry Practice
GST
Intellectual Property Rights
Key Personnel
Laws
Material Breach
Party/Parties
Personnel
Products
Purchase Order
Related Company
Representatives
Services
Service Levels
Specifications
Subsidiary
Term
Territory
Third Party
Working Day
Background IP
Deliverables
Documentation
Emergency
Fees
Implementation Plan
Insolvency Event
Loss
Milestone
Notice
Performance Standards
Regulatory Requirements
Schedule
Security Requirements
Site
Statement of Work
Subcontractor
Supplier Materials
Tax Invoice
Variation
Clauses
Interpretation
Term and Duration
Supply Obligations
Payment Terms
GST and Taxation
Performance Standards
Quality Assurance
Delivery and Acceptance
Risk and Title
Warranties
Intellectual Property
Confidentiality
Privacy and Data Protection
Record Keeping
Audit Rights
Insurance
Liability and Indemnity
Force Majeure
Termination
Dispute Resolution
Assignment and Subcontracting
Change Control
Notices
Health and Safety
Anti-Corruption
Compliance with Laws
Environmental Compliance
Business Continuity
Personnel and Key Personnel
Reporting Requirements
Security Requirements
Access Rights
Non-Solicitation
Non-Competition
Relationship Management
Governing Law
Survival
Entire Agreement
Severability
Variation
Waiver
Further Assurance
Term and Duration
Supply Obligations
Payment Terms
GST and Taxation
Performance Standards
Quality Assurance
Delivery and Acceptance
Risk and Title
Warranties
Intellectual Property
Confidentiality
Privacy and Data Protection
Record Keeping
Audit Rights
Insurance
Liability and Indemnity
Force Majeure
Termination
Dispute Resolution
Assignment and Subcontracting
Change Control
Notices
Health and Safety
Anti-Corruption
Compliance with Laws
Environmental Compliance
Business Continuity
Personnel and Key Personnel
Reporting Requirements
Security Requirements
Access Rights
Non-Solicitation
Non-Competition
Relationship Management
Governing Law
Survival
Entire Agreement
Severability
Variation
Waiver
Further Assurance
Relevant Industries
Technology
Manufacturing
Professional Services
Retail
Wholesale
Construction
Healthcare
Financial Services
Logistics
Agriculture
Education
Telecommunications
Energy
Mining
Real Estate
Hospitality
Relevant Teams
Legal
Procurement
Commercial
Finance
Operations
Risk and Compliance
Business Development
Sales
Executive Leadership
Administration
Project Management
Account Management
Relevant Roles
Legal Counsel
Commercial Manager
Procurement Manager
Contract Manager
Business Development Manager
Operations Manager
Chief Financial Officer
Chief Executive Officer
Risk Manager
Compliance Officer
Project Manager
Account Manager
Sales Director
Managing Director
General Manager
Company Secretary
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