The Vendor Sales Agreement serves as the primary commercial contract governing the sale of goods between suppliers and purchasers in a business context under New Zealand law. This document is essential for businesses engaging in regular supply arrangements, whether for retail goods, industrial products, or other commercial merchandise. The agreement typically covers crucial aspects such as ordering processes, delivery terms, pricing structures, quality standards, and warranty provisions. It is designed to comply with New Zealand's commercial law framework, including the Contract and Commercial Law Act 2017 and Fair Trading Act 1986, while providing flexibility for specific business requirements. The document is particularly valuable for establishing long-term supply relationships and managing recurring transactions with clear terms and conditions.
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1. Parties: Identification of the vendor and purchaser with full legal names and details
2. Background: Context of the agreement and brief description of the business relationship
3. Definitions: Definitions of key terms used throughout the agreement
4. Supply of Goods: Core terms regarding the supply of goods, including ordering process and delivery terms
5. Price and Payment: Pricing structure, payment terms, invoicing requirements, and GST provisions
6. Delivery and Risk: Terms regarding delivery, transfer of risk, and acceptance procedures
7. Quality and Warranties: Quality standards, warranties, and compliance with Consumer Guarantees Act
8. Term and Termination: Duration of agreement and circumstances for termination
9. Confidentiality: Protection of confidential information exchanged during the business relationship
10. Liability and Indemnity: Limitation of liability and indemnification provisions
11. Dispute Resolution: Process for resolving disputes between parties
12. General Provisions: Standard boilerplate clauses including governing law, notices, and assignment
1. Intellectual Property: Required when dealing with branded goods or licensed products
2. Insurance: Needed for high-value goods or where specific insurance requirements exist
3. Performance Metrics: Include when specific service levels or performance standards are required
4. Territory Restrictions: Necessary when sales are limited to specific geographic areas
5. Minimum Purchase Requirements: Include when there are minimum order quantities or values
6. Marketing and Promotion: Required when parties have specific obligations regarding product marketing
7. Data Protection: Include when personal data processing is involved in the sales process
8. Export Controls: Necessary for international sales or restricted goods
1. Schedule 1 - Products and Pricing: Detailed list of products, specifications, and pricing structure
2. Schedule 2 - Service Levels: Specific performance metrics and service level requirements
3. Schedule 3 - Territory: Detailed description of authorized sales territory if applicable
4. Schedule 4 - Order Process: Detailed ordering procedures and requirements
5. Schedule 5 - Quality Standards: Specific quality requirements and testing procedures
6. Appendix A - Form of Purchase Order: Standard form for placing orders under the agreement
7. Appendix B - Product Warranties: Detailed warranty terms and conditions
8. Appendix C - Returns Policy: Procedures and conditions for product returns
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