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Trading Terms Agreement Template for Australia

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Key Requirements PROMPT example:

Trading Terms Agreement

"I need a Trading Terms Agreement for my wholesale food distribution business based in Melbourne, covering supply arrangements with multiple restaurant chains, including specific provisions for perishable goods handling and delivery timeframes."

Document background
Trading Terms Agreements are essential commercial documents used to establish and govern ongoing business relationships between trading partners in Australia. These agreements are particularly important for businesses engaged in regular supply, purchase, or distribution arrangements, providing clarity and certainty around key commercial terms and operational procedures. The document addresses crucial aspects such as ordering processes, pricing mechanisms, payment terms, delivery arrangements, and quality standards, while ensuring compliance with Australian legislative requirements, including the Competition and Consumer Act 2010 (Cth) and relevant state laws. It serves as a master agreement that sets the foundation for all future transactions between the parties, reducing the need for separate negotiations for each transaction.
Suggested Sections

1. Parties: Identification of all parties to the agreement, including their legal entity names, ABNs, and registered addresses

2. Background: Context of the trading relationship and purpose of the agreement

3. Definitions and Interpretation: Defined terms used throughout the agreement and rules for interpretation

4. Term and Commencement: Duration of the agreement and conditions for commencement

5. Ordering Process: Procedures and requirements for placing and accepting orders

6. Pricing and Payment Terms: Price determination, invoicing requirements, and payment conditions

7. Delivery and Risk: Delivery terms, transfer of risk, and acceptance procedures

8. Quality and Compliance: Product/service quality standards and compliance requirements

9. Warranties and Representations: Standard warranties regarding products/services and capacity to contract

10. Liability and Indemnity: Limitation of liability and indemnification obligations

11. Termination: Grounds for termination and consequences of termination

12. Confidentiality: Protection of confidential information exchanged during the trading relationship

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

Optional Sections

1. Intellectual Property: Required when the trading relationship involves IP rights, licensing, or brand usage

2. Insurance: Detailed insurance requirements when specific coverage levels are needed

3. Performance Metrics: Include when establishing KPIs or service levels for the trading relationship

4. Security Interest: Required when retention of title or other security interests are part of the arrangement

5. Credit Terms: Detailed credit arrangements when extended payment terms are offered

6. Force Majeure: Specific provisions for handling unforeseen events affecting performance

7. Territory Restrictions: Include when there are geographical limitations on trading activities

8. Minimum Purchase Requirements: When there are mandatory minimum order quantities or values

9. Rebates and Incentives: Include when offering volume-based discounts or other incentive programs

10. Data Protection: Required when significant data sharing or processing is involved in the trading relationship

Suggested Schedules

1. Schedule 1 - Product/Service Specifications: Detailed descriptions of products or services covered by the agreement

2. Schedule 2 - Price List: Current pricing for all products/services, including any volume-based pricing tiers

3. Schedule 3 - Service Levels: Specific performance metrics, response times, and quality standards

4. Schedule 4 - Order Form Template: Standard form for placing orders under the agreement

5. Schedule 5 - Territory Map: Geographical areas covered by the trading relationship if applicable

6. Schedule 6 - Special Conditions: Any unique terms or conditions specific to the trading relationship

7. Appendix A - Contact Details: Key contacts for various aspects of the trading relationship

8. Appendix B - Technical Requirements: Technical specifications or integration requirements if applicable

Authors

Alex Denne

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

Relevant legal definitions


































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Relevant Industries

Retail

Manufacturing

Distribution

Wholesale

Fast-Moving Consumer Goods

Technology

Agriculture

Food and Beverage

Construction

Automotive

Healthcare

Industrial Supplies

Professional Services

Logistics

E-commerce

Relevant Teams

Legal

Commercial

Procurement

Sales

Supply Chain

Operations

Finance

Compliance

Business Development

Account Management

Relevant Roles

Commercial Manager

Procurement Manager

Sales Director

Contract Manager

Supply Chain Manager

Account Manager

Business Development Manager

Operations Manager

Legal Counsel

Chief Commercial Officer

Purchasing Manager

Category Manager

Vendor Manager

Trading Manager

Finance 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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