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Exclusive Supplier Agreement Template for New Zealand

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Key Requirements PROMPT example:

Exclusive Supplier Agreement

"I need an Exclusive Supplier Agreement for my technology manufacturing company based in Auckland, where we will be the sole supplier of specialized electronic components to a major telecommunications provider, with the agreement to commence in March 2025 and include minimum purchase commitments."

Document background
This Exclusive Supplier Agreement template is designed for use in New Zealand business relationships where a purchaser wishes to establish a sole supply arrangement with a specific supplier. The agreement is particularly suited for situations requiring a secure and stable supply chain, where the purchaser seeks to ensure consistent quality and pricing through an exclusive relationship. It includes comprehensive provisions addressing supply obligations, quality standards, pricing mechanisms, and performance metrics, while ensuring compliance with New Zealand commercial law, including the Commerce Act 1986 and Contract and Commercial Law Act 2017. The document is structured to accommodate various industries and can be customized based on specific supply requirements, volume commitments, and industry regulations.
Suggested Sections

1. Parties: Identifies and provides full legal details of the supplier and purchaser

2. Background: Sets out the context of the agreement and the parties' intentions

3. Definitions: Defines key terms used throughout the agreement

4. Appointment and Exclusivity: Establishes the exclusive supply relationship and its scope

5. Term and Renewal: Specifies the initial term and any renewal provisions

6. Supply Obligations: Details the supplier's obligations regarding product/service provision

7. Ordering Process: Outlines the procedure for placing and fulfilling orders

8. Pricing and Payment: Specifies prices, payment terms, and price review mechanisms

9. Quality Standards: Sets out required product/service quality standards and specifications

10. Delivery and Risk: Covers delivery terms, timing, and risk transfer

11. Warranties: States warranties regarding products/services and capacity to supply

12. Performance Metrics: Establishes key performance indicators and service levels

13. Intellectual Property: Addresses ownership and usage of intellectual property

14. Confidentiality: Protects confidential information of both parties

15. Termination: Sets out termination rights and processes

16. Consequences of Termination: Details what happens after agreement ends

17. General Provisions: Contains standard boilerplate clauses

Optional Sections

1. Minimum Purchase Commitments: Used when the purchaser must commit to minimum volumes or values

2. Export Controls: Required when products are subject to export regulations

3. Product Development: Relevant when parties collaborate on product development

4. Marketing and Promotion: Used when specific marketing obligations exist

5. Insurance: Required for high-value or high-risk supply arrangements

6. Data Protection: Necessary when personal data is processed

7. Business Continuity: Important for critical supply relationships

8. Environmental Compliance: Required for environmentally sensitive products/services

9. Anti-Corruption: Important for international supply arrangements

10. Change Control: Used for complex supply arrangements requiring formal change processes

Suggested Schedules

1. Product Specifications: Detailed technical specifications of products/services

2. Pricing Schedule: Detailed pricing information and calculation mechanisms

3. Service Levels: Detailed performance metrics and measurement criteria

4. Key Personnel: Lists key contacts and responsible personnel from both parties

5. Territories: Defines geographical areas covered by the agreement

6. Quality Standards: Detailed quality requirements and testing procedures

7. Order Form Template: Standard form for placing orders

8. Reporting Requirements: Templates and timing for required reports

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

Retail

Technology

Food and Beverage

Pharmaceutical

Automotive

Construction

Electronics

Industrial Equipment

Healthcare

Telecommunications

Energy

Chemical

Agriculture

Mining

Relevant Teams

Legal

Procurement

Supply Chain

Operations

Commercial

Purchasing

Vendor Management

Contract Management

Business Development

Risk Management

Finance

Compliance

Relevant Roles

Procurement Manager

Supply Chain Director

Commercial Manager

Legal Counsel

Contract Manager

Operations Director

Purchasing Manager

Business Development Manager

Category Manager

Vendor Manager

Chief Operating Officer

Commercial Director

Head of Supply Chain

General Counsel

Sales Director

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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