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Sales And Service Agreement Template for Australia

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Key Requirements PROMPT example:

Sales And Service Agreement

"I need a Sales and Service Agreement for my software company to supply enterprise management software and ongoing maintenance services to Australian corporate clients, with specific provisions for data protection and service level guarantees."

Document background
The Sales And Service Agreement is designed for business relationships where both product sales and ongoing services are integral components of the commercial arrangement. This document is particularly relevant in the Australian business context, where it must comply with federal legislation such as the Competition and Consumer Act 2010 (including the Australian Consumer Law) and state-specific regulations. It is commonly used when a supplier provides both physical or digital products along with associated services such as maintenance, support, training, or consulting. The agreement comprehensively covers aspects such as product specifications, delivery terms, service levels, warranties, pricing, and performance standards, while ensuring compliance with Australian legal requirements regarding consumer guarantees, unfair contract terms, and fair trading practices.
Suggested Sections

1. Parties: Identification and details of the contracting parties

2. Background: Context of the agreement, relationship between parties, and general purpose

3. Definitions and Interpretation: Defined terms, interpretation rules, and hierarchy of documents

4. Term and Commencement: Duration of agreement, commencement date, and renewal provisions

5. Sales Terms: Terms governing the sale of goods including ordering, delivery, title, and risk

6. Service Terms: Scope of services, service levels, and performance standards

7. Pricing and Payment: Pricing for goods and services, payment terms, invoicing, and price adjustment mechanisms

8. Warranties and Customer Guarantees: Product and service warranties, ACL guarantees, and quality commitments

9. Intellectual Property: IP ownership, licenses, and protection of both parties' intellectual property

10. Confidentiality: Protection and handling of confidential information

11. Liability and Indemnities: Limitation of liability, indemnities, and insurance requirements

12. Termination: Termination rights, consequences, and post-termination obligations

13. General Provisions: Standard boilerplate clauses including notices, governing law, and dispute resolution

Optional Sections

1. Data Protection and Privacy: Required if personal data is collected or processed as part of the sales or services

2. Performance Metrics: Include when specific KPIs or service levels need to be measured and reported

3. Training and Support: Required if the agreement includes product training or ongoing technical support

4. Territory and Exclusivity: Include when there are geographic restrictions or exclusive rights granted

5. Change Management: Required for long-term agreements where scope or requirements might change

6. Disaster Recovery: Include for critical services or where business continuity is essential

7. Personnel Requirements: Required if specific qualifications or security clearances are needed for service delivery

8. Compliance and Audit Rights: Include when regulatory compliance or performance auditing is necessary

Suggested Schedules

1. Schedule 1 - Products and Pricing: Detailed list of products, specifications, and pricing structure

2. Schedule 2 - Service Specifications: Detailed description of services, delivery methods, and technical requirements

3. Schedule 3 - Service Levels: Specific service level agreements, KPIs, and measurement methods

4. Schedule 4 - Support Services: Details of support services, response times, and escalation procedures

5. Schedule 5 - Locations: Delivery locations, service locations, and geographic coverage

6. Schedule 6 - Personnel: Key personnel, qualifications, and roles

7. Appendix A - Order Form Template: Standard form for ordering products or services

8. Appendix B - Acceptance Testing: Testing procedures and acceptance criteria for products or services

9. Appendix C - Report Templates: Templates for required reporting and performance monitoring

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions













































Clauses













































Relevant Industries

Manufacturing

Technology

Retail

Professional Services

Healthcare

Construction

Telecommunications

Software and IT

Industrial Equipment

Consumer Goods

Automotive

Energy and Utilities

Financial Services

Education

Hospitality

Relevant Teams

Legal

Commercial

Procurement

Sales

Operations

Service Delivery

Customer Success

Risk and Compliance

Supply Chain

Business Development

Account Management

Contract Administration

Relevant Roles

Commercial Director

Procurement Manager

Sales Director

Legal Counsel

Contract Manager

Business Development Manager

Operations Manager

Service Delivery Manager

Account Executive

Chief Commercial Officer

Supply Chain Manager

Vendor Manager

Risk Manager

Compliance Officer

Customer Success Manager

Industries








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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