Customer Contract for New Zealand

Customer Contract Template for New Zealand

A comprehensive legal agreement governed by New Zealand law that establishes the terms and conditions between a business and its customers for the provision of goods or services. This document incorporates requirements from key New Zealand legislation including the Contract and Commercial Law Act 2017, Fair Trading Act 1986, and Consumer Guarantees Act 1993, ensuring consumer rights protection while defining clear commercial terms. It outlines service delivery, payment terms, warranties, liability limitations, and dispute resolution processes in compliance with New Zealand consumer protection laws.

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What is a Customer Contract?

This Customer Contract template is designed for use by businesses operating in New Zealand that provide goods or services to consumers. It serves as a foundational agreement that establishes the commercial relationship between a service provider and its customers, while ensuring compliance with New Zealand's consumer protection framework. The document is particularly relevant when establishing ongoing service relationships or significant one-time transactions that require clear terms and conditions. It incorporates mandatory consumer protections required under New Zealand law, including those specified in the Consumer Guarantees Act 1993 and Fair Trading Act 1986, while also protecting the business's interests through appropriate risk allocation and clear operational terms.

What sections should be included in a Customer Contract?

1. Parties: Identifies and provides full legal details of the service provider and customer

2. Background: Explains the context and purpose of the agreement

3. Definitions: Defines key terms used throughout the agreement

4. Services: Detailed description of the products or services being provided

5. Fees and Payment: Pricing, payment terms, invoicing, and payment methods

6. Term and Termination: Duration of the agreement and circumstances for termination

7. Customer Obligations: Customer's responsibilities and commitments

8. Provider Obligations: Provider's responsibilities and commitments

9. Warranties: Warranties provided, including statutory guarantees under Consumer Guarantees Act

10. Limitation of Liability: Limits on liability compliant with NZ law

11. Confidentiality: Protection of confidential information

12. Privacy: Handling of personal information under Privacy Act 2020

13. Dispute Resolution: Process for resolving disputes

14. General Provisions: Standard boilerplate clauses including governing law, notices, and assignment

What sections are optional to include in a Customer Contract?

1. Intellectual Property: Include when IP rights need to be addressed, such as when custom solutions are developed

2. Service Levels: Include when specific performance metrics and standards need to be maintained

3. Data Security: Include when the service involves significant data handling or storage

4. Insurance: Include when specific insurance requirements need to be maintained

5. Force Majeure: Include when need to address circumstances beyond parties' control

6. Change Management: Include when services may need modification during the contract term

7. Compliance: Include when specific regulatory compliance obligations need to be addressed

8. Territory Restrictions: Include when services are limited to specific geographic areas

What schedules should be included in a Customer Contract?

1. Schedule 1 - Service Description: Detailed technical specifications of services

2. Schedule 2 - Pricing Schedule: Detailed pricing structure, rates, and payment terms

3. Schedule 3 - Service Levels: Specific performance metrics and measurement criteria

4. Schedule 4 - Personal Information Handling: Detailed privacy and data handling procedures

5. Schedule 5 - Special Conditions: Any special terms or conditions specific to the customer

6. Appendix A - Definitions: Extended definitions if too lengthy for main agreement

7. Appendix B - Contact Details: Key contacts and notice details for both parties

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

Jurisdiction

New Zealand

Publisher

Genie AI

Document Type

Agreement Contract

Cost

Free to use
Clauses
Relevant Industries

Retail

Professional Services

Technology

Financial Services

Healthcare

Education

Telecommunications

Utilities

Manufacturing

Construction

Hospitality

Transportation

Real Estate

Entertainment

Relevant Teams

Legal

Commercial

Sales

Customer Service

Compliance

Risk Management

Operations

Contract Administration

Account Management

Business Development

Customer Success

Relevant Roles

Legal Counsel

Commercial Manager

Business Development Manager

Sales Director

Customer Service Manager

Compliance Officer

Risk Manager

Operations Manager

Contract Administrator

Account Manager

General Manager

Chief Executive Officer

Chief Operating Officer

Chief Commercial Officer

Customer Success Manager

Industries
Contract and Commercial Law Act 2017: This is the primary legislation governing contract formation, interpretation, and enforcement in New Zealand. It consolidates various contract-related laws and provides the legal framework for commercial transactions.
Fair Trading Act 1986: Promotes fair trading practices and protects consumers from misleading and deceptive conduct in trade. This is crucial for ensuring transparent and honest business practices in customer contracts.
Consumer Guarantees Act 1993: Provides statutory guarantees to consumers when they purchase goods or services, ensuring minimum standards of quality and fitness for purpose.
Privacy Act 2020: Governs how businesses collect, use, store, and disclose personal information. Essential for clauses relating to customer data handling and privacy protection.
Credit Contracts and Consumer Finance Act 2003: Relevant if the contract involves any form of credit or financing arrangements with customers. Regulates consumer credit contracts and lending practices.
Electronic Transactions Act 2002: Facilitates the use of electronic transactions and ensures their legal validity. Important for contracts that may be formed or executed electronically.
Disputes Tribunal Act 1988: Relevant for dispute resolution clauses as it provides a framework for resolving consumer disputes through the Disputes Tribunal.
Unfair Contract Terms Act provisions: Part of the Fair Trading Act amendments that protect consumers from unfair terms in standard form consumer contracts.
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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