The Commercial Contract template is designed for business transactions in Indonesia, serving as a comprehensive framework for commercial relationships between parties operating under Indonesian jurisdiction. This document is essential when establishing formal business arrangements such as supply agreements, service contracts, distribution agreements, or general commercial partnerships. It incorporates key requirements from Indonesian law, including provisions from the Civil Code (KUHPerdata), Trade Law, and relevant commercial regulations. The Commercial Contract is structured to address both domestic and international business relationships, featuring mandatory Indonesian law compliance elements while maintaining international best practices in commercial contracting. It's particularly relevant for businesses engaging in cross-border transactions, requiring careful consideration of Indonesian foreign investment regulations, currency laws, and sector-specific requirements.
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1. Parties: Identification of contracting parties including their legal status, registration numbers, and authorized representatives
2. Background: Context of the agreement and brief description of parties' business relationship
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Agreement: Detailed description of the commercial arrangement, goods/services to be provided
5. Term and Renewal: Duration of the agreement and renewal provisions
6. Payment Terms: Price, payment schedule, invoicing requirements, and currency specifications
7. Rights and Obligations: Detailed responsibilities and rights of each party
8. Representations and Warranties: Statements of fact and promises made by each party
9. Confidentiality: Protection of confidential information and trade secrets
10. Force Majeure: Provisions for unforeseen circumstances preventing contract performance
11. Termination: Conditions and process for ending the agreement
12. Governing Law: Confirmation of Indonesian law as governing law
13. Dispute Resolution: Process for resolving disputes, including jurisdiction and arbitration details
14. Notices: Method and addresses for formal communications
15. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments
1. Intellectual Property Rights: Required when the agreement involves IP transfer, licensing, or protection
2. Compliance with Laws: Detailed section needed when specific regulatory compliance is crucial
3. Insurance: Required when specific insurance coverage needs to be maintained
4. Performance Guarantees: Include when specific performance standards or service levels are required
5. Anti-Corruption: Required for high-value contracts or government-related transactions
6. Data Protection: Include when personal data processing is involved
7. Export Control: Required for international trade or technology transfer
8. Change Control: Include for long-term contracts where scope changes are likely
9. Environmental Compliance: Required for contracts involving environmental impacts
1. Schedule 1 - Scope of Work: Detailed technical specifications or service descriptions
2. Schedule 2 - Pricing and Payment Schedule: Detailed breakdown of prices, rates, and payment milestones
3. Schedule 3 - Service Levels: Performance metrics and service level requirements
4. Schedule 4 - Key Personnel: List of key personnel and their roles
5. Schedule 5 - Required Insurance: Details of insurance requirements and coverage levels
6. Schedule 6 - Compliance Requirements: Specific regulatory or compliance requirements
7. Appendix A - Form of Invoice: Template for invoices
8. Appendix B - Change Request Form: Template for requesting contract changes
9. Appendix C - Contact Details: Detailed contact information for key representatives
Relevant legal definitions
Clauses
Relevant Industries
Manufacturing
Technology
Retail
Agriculture
Mining
Construction
Financial Services
Healthcare
Telecommunications
Transportation and Logistics
Energy
Consumer Goods
Professional Services
E-commerce
Infrastructure
Relevant Teams
Legal
Finance
Commercial
Operations
Procurement
Sales
Compliance
Risk Management
Business Development
Supply Chain
Project Management
Corporate Affairs
Strategy
International Trade
Contract Administration
Relevant Roles
Legal Counsel
Contract Manager
Business Development Manager
Commercial Director
Chief Financial Officer
Operations Manager
Procurement Manager
Sales Director
Compliance Officer
Risk Manager
General Manager
Country Manager
Supply Chain Manager
Project Manager
Chief Executive Officer
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