Equipment Supply Agreement

Equipment Supply Agreement Template for Denmark

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Document background

An Equipment Supply Agreement is essential for any business transaction involving the purchase and supply of commercial or industrial equipment in Denmark. This document is used when a supplier agrees to provide specific equipment to a purchaser, whether for standard or custom-made equipment. The agreement needs to comply with Danish law, including the Danish Sale of Goods Act and relevant product safety regulations. It typically includes detailed specifications, delivery requirements, warranty terms, and may also cover installation, commissioning, and ongoing maintenance. The document is particularly important for managing risk allocation, ensuring clear understanding of technical requirements, and establishing compliance with Danish and EU regulatory standards. It's commonly used in both domestic Danish transactions and international trades where Danish law is chosen as the governing law.

Suggested Sections

1. Parties: Identification and details of the supplier and purchaser

2. Background: Context of the agreement and general commercial intent of the parties

3. Definitions and Interpretation: Defined terms and rules of interpretation

4. Scope of Supply: Description of equipment to be supplied and any associated obligations

5. Price and Payment: Purchase price, payment terms, invoicing requirements and payment mechanisms

6. Delivery and Transfer of Risk: Delivery terms, timeline, acceptance procedures and transfer of risk

7. Title and Risk: Transfer of ownership and risk allocation

8. Supplier Warranties: Warranties regarding equipment quality, performance, and fitness for purpose

9. Compliance with Laws: Obligations regarding regulatory compliance and standards

10. Intellectual Property: IP rights, licenses and infringement provisions

11. Liability and Indemnification: Limitation of liability and indemnification obligations

12. Force Majeure: Events excusing performance and consequences

13. Term and Termination: Duration, termination rights and consequences of termination

14. Confidentiality: Protection of confidential information

15. Governing Law and Jurisdiction: Choice of law and dispute resolution mechanisms

16. General Provisions: Standard boilerplate clauses including notices, assignment, and amendments

Optional Sections

1. Installation and Commissioning: Detailed terms for installation and commissioning services, used when supplier is responsible for installation

2. Training: Training obligations and requirements, included when supplier must provide training to purchaser's personnel

3. Maintenance and Support: Terms for ongoing maintenance and support services, used when post-sale services are included

4. Spare Parts: Obligations regarding supply of spare parts, included for complex equipment requiring ongoing parts supply

5. Insurance: Specific insurance requirements, included for high-value equipment or high-risk installations

6. Security: Bank guarantees or other security requirements, used for high-value contracts or advance payments

7. Export Control: Export control compliance obligations, included for international transactions or controlled equipment

8. Site Access and Preparation: Requirements for site preparation and access, used when installation is at purchaser's premises

9. Testing and Acceptance: Detailed testing and acceptance procedures, included for complex or custom equipment

10. Software License: Software licensing terms, included when equipment includes software components

Suggested Schedules

1. Equipment Specifications: Detailed technical specifications of the equipment

2. Pricing Schedule: Detailed breakdown of prices, including any optional components or variations

3. Delivery Schedule: Detailed timeline for delivery and/or installation milestones

4. Service Level Agreement: Performance metrics and service levels for equipment operation

5. Acceptance Test Procedures: Detailed procedures for testing and accepting the equipment

6. Maintenance Requirements: Detailed maintenance procedures and schedules

7. Spare Parts List: List of recommended spare parts and their prices

8. Form of Bank Guarantee: Template for any required bank guarantees

9. Technical Documentation: Operating manuals and technical documentation to be supplied

10. Training Program: Details of any training to be provided by supplier

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