This Sales And Service Contract is designed for use in Australian business transactions where both goods and services are provided as part of a single commercial arrangement. It is particularly suitable for businesses that supply products along with installation, maintenance, support, or other related services. The document incorporates mandatory requirements under Australian Consumer Law, state-based sale of goods legislation, and fair trading requirements. It can be used for both B2B and B2C transactions, with appropriate modifications to reflect the applicable consumer protection provisions. The contract includes comprehensive terms covering product specifications, service levels, warranties, delivery requirements, and ongoing support obligations, making it suitable for complex commercial arrangements where both physical goods and continuing services form part of the transaction.
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1. Parties: Identification and details of all parties to the contract
2. Background: Context of the agreement and general commercial intent
3. Definitions and Interpretation: Defined terms and rules of interpretation
4. Supply of Goods: Terms governing the sale and supply of goods, including specifications and quantity
5. Provision of Services: Terms governing the provision of services, including scope and standards
6. Price and Payment: Pricing structure, payment terms, and invoicing requirements
7. Delivery and Risk: Delivery terms, timing, and risk transfer for goods
8. Quality and Warranties: Quality standards, warranties, and Australian Consumer Law guarantees
9. Term and Termination: Contract duration, renewal, and termination rights
10. Liability and Indemnity: Limitation of liability, indemnities, and insurance requirements
11. Confidentiality: Protection of confidential information
12. General Provisions: Standard boilerplate clauses including governing law, notices, and variation
1. Intellectual Property: IP ownership and licenses - include when IP is created or transferred
2. Training and Support: Details of training and ongoing support - include for complex products/services
3. Compliance Requirements: Specific regulatory compliance obligations - include for regulated industries
4. Import/Export: International trade terms - include for cross-border transactions
5. Data Protection: Specific data handling requirements - include when personal data is processed
6. Service Levels: Specific service performance metrics - include for ongoing services
7. Change Management: Process for changes to goods/services - include for long-term or complex arrangements
8. Disaster Recovery: Business continuity requirements - include for critical supplies
1. Schedule 1 - Goods Specification: Detailed technical specifications of goods to be supplied
2. Schedule 2 - Services Specification: Detailed scope and requirements for services
3. Schedule 3 - Pricing Schedule: Detailed pricing, rates, and payment milestones
4. Schedule 4 - Service Levels: Service level agreements, KPIs, and measurement metrics
5. Schedule 5 - Implementation Plan: Timeline and milestones for implementation
6. Schedule 6 - Support Services: Details of maintenance and support services
7. Appendix A - Form of Purchase Order: Standard form for ordering goods/services under the contract
8. Appendix B - Acceptance Testing: Procedures and criteria for acceptance testing
Relevant legal definitions
Clauses
Relevant Industries
Technology
Manufacturing
Professional Services
Retail
Telecommunications
Healthcare
Construction
Industrial Equipment
Software and IT
Automotive
Energy
Consumer Goods
Relevant Teams
Legal
Sales
Procurement
Operations
Service Delivery
Commercial
Compliance
Supply Chain
Customer Success
Technical Support
Business Development
Contract Administration
Relevant Roles
Sales Manager
Commercial Director
Procurement Manager
Contract Manager
Legal Counsel
Business Development Manager
Operations Manager
Service Delivery Manager
Account Executive
Supply Chain Manager
Compliance Officer
Chief Commercial Officer
Head of Sales
Technical Services Manager
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