This Equipment Supply Contract template is designed for use in New Zealand commercial transactions involving the purchase and supply of equipment. It is suitable for both domestic and international equipment supply arrangements, provided they are governed by New Zealand law. The document is structured to comply with New Zealand's commercial legislation while addressing practical business needs, including detailed specifications, delivery requirements, acceptance testing, warranty provisions, and risk allocation. It is particularly useful for significant equipment purchases where clear terms and conditions are essential for managing risk and ensuring smooth transaction execution. The template can be customized based on the type of equipment, industry requirements, and specific commercial arrangements between parties.
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1. Parties: Identifies and provides full legal details of the supplier and purchaser
2. Background: Sets out the context of the agreement and general intent of the parties
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules
4. Supply of Equipment: Core obligations regarding the supply of equipment, including quantity, specifications, and compliance with standards
5. Price and Payment: Details the price, payment terms, invoicing requirements, and GST treatment
6. Delivery and Acceptance: Specifies delivery terms, timing, acceptance testing procedures, and criteria for acceptance
7. Title and Risk: Establishes when title passes and allocates risk of loss or damage
8. Warranties: Sets out warranties regarding equipment quality, fitness for purpose, and compliance with specifications
9. Defects and Returns: Procedures for dealing with defective equipment and return processes
10. Liability and Indemnity: Limits of liability and indemnification obligations
11. Insurance: Required insurance coverage for both parties
12. Intellectual Property: Addresses IP rights in the equipment and associated documentation
13. Confidentiality: Obligations regarding confidential information
14. Term and Termination: Duration of agreement and termination rights
15. General: Standard boilerplate provisions including notices, amendments, governing law
1. Installation Services: Include when supplier is responsible for installing the equipment
2. Training: Include when supplier must provide training on equipment operation
3. Maintenance and Support: Include when ongoing maintenance and support services are part of the arrangement
4. Spare Parts: Include when dealing with long-term equipment requiring spare parts supply
5. Security Interest: Include when payment is by installments or there's retention of title
6. Export/Import Requirements: Include for international equipment supply arrangements
7. Performance Guarantees: Include when specific performance metrics are guaranteed
8. Site Access and Preparation: Include when supplier needs access to purchaser's site
9. Environmental Compliance: Include for equipment with environmental impact considerations
1. Equipment Specifications: Detailed technical specifications of the equipment
2. Pricing Schedule: Detailed breakdown of prices, including any volume discounts or pricing mechanisms
3. Delivery Schedule: Timing and locations for equipment delivery
4. Acceptance Testing Procedures: Detailed procedures for testing and accepting the equipment
5. Warranty Terms: Detailed warranty terms, including any manufacturer warranties
6. Service Level Agreement: Performance standards and response times for support services
7. Training Program: Details of any training to be provided
8. Maintenance Services: Scope and schedule of maintenance services
9. Site Requirements: Technical requirements for installation site
10. Forms: Standard forms for ordering, acceptance, warranty claims, etc.
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