The Product Supply Agreement Between Manufacturer And Buyer is a vital commercial document used to establish and govern the ongoing supply relationship between a product manufacturer and its business customers. This agreement is particularly relevant in the New Zealand market where businesses need to comply with local commercial law requirements while maintaining efficient supply chain operations. The document is designed to address key aspects of the supply relationship including product specifications, quality standards, pricing mechanisms, delivery terms, and risk allocation. It incorporates necessary provisions to comply with New Zealand legislation including the Contract and Commercial Law Act 2017, Fair Trading Act 1986, and relevant industry-specific regulations. This agreement is commonly used when establishing new supply relationships or formalizing existing arrangements, and can be customized to accommodate various industries and product types while maintaining legal compliance in the New Zealand jurisdiction.
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1. Parties: Identifies and provides full legal details of the manufacturer and buyer
2. Background: Sets out the context of the agreement, including the manufacturer's business, buyer's business, and their intention to enter into a supply arrangement
3. Definitions: Defines key terms used throughout the agreement
4. Supply Obligations: Details the manufacturer's obligations to supply and the buyer's obligations to purchase, including any minimum purchase commitments
5. Ordering Process: Specifies the procedure for placing and accepting orders, including lead times and order modifications
6. Price and Payment: Sets out the pricing structure, payment terms, invoicing process, and any price adjustment mechanisms
7. Delivery and Risk: Covers delivery terms, transfer of risk, shipping arrangements, and acceptance procedures
8. Quality and Specifications: Establishes product quality standards, specifications, and compliance requirements
9. Warranties: Details product warranties and quality guarantees provided by the manufacturer
10. Term and Termination: Specifies the duration of the agreement and circumstances for termination
11. Confidentiality: Protects confidential information exchanged during the business relationship
12. Liability and Indemnity: Sets out liability limitations and indemnification obligations
13. General Provisions: Includes standard legal provisions such as governing law, dispute resolution, and entire agreement
1. Forecast and Planning: Used when regular supply requires advance production planning and forecasting
2. Intellectual Property: Required when the supply involves branded products or licensed technology
3. Storage and Warehousing: Included when specific storage requirements or vendor-managed inventory arrangements exist
4. Quality Control and Testing: Detailed quality control procedures for complex or regulated products
5. Export/Import Requirements: Necessary for international supply arrangements
6. Insurance: Detailed insurance requirements beyond standard coverage
7. Business Continuity: Important for critical supply relationships requiring backup plans
8. Performance Metrics: Used when specific KPIs or service levels need to be maintained
9. Change Control: Required for products that may need specification changes during the term
10. Environmental Compliance: Important for products with environmental impacts or sustainability requirements
1. Product Specifications: Detailed technical specifications of all products covered by the agreement
2. Price List: Comprehensive list of products and their prices, including any volume discounts
3. Quality Standards: Detailed quality requirements, testing procedures, and acceptance criteria
4. Service Levels: Specific performance metrics and service level requirements
5. Ordering Procedure: Detailed process flow for ordering, including forms and systems to be used
6. Delivery Locations: List of approved delivery locations and specific delivery requirements
7. Key Contacts: Contact details for key personnel from both parties
8. Special Handling Requirements: Specific instructions for product handling, storage, or transportation
9. Compliance Certificates: Required compliance certifications and standards
10. Return and Recall Procedures: Detailed procedures for product returns and recall situations
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