This Price Agreement template is designed for use in commercial transactions under New Zealand law where parties need to establish a clear and comprehensive pricing structure for ongoing supply relationships. It is particularly useful when parties require a standalone agreement focusing on pricing mechanisms, separate from general supply terms. The document includes provisions for initial pricing, adjustment mechanisms, volume-based variations, and payment terms, while ensuring compliance with New Zealand commercial law, including the Fair Trading Act 1986 and Contract and Commercial Law Act 2017. It's commonly used in supply chain relationships, distribution arrangements, and service provision contracts where pricing certainty and flexibility for adjustments are crucial.
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1. Parties: Identifies and defines the contracting parties
2. Background: Sets out the context and purpose of the agreement
3. Definitions and Interpretation: Defines key terms and establishes interpretation rules
4. Term and Renewal: Specifies the initial term and any renewal provisions
5. Pricing Structure: Details the base pricing mechanism and calculation methods
6. Price Adjustments: Establishes processes for price reviews and adjustments
7. Payment Terms: Specifies payment timing, methods, and invoicing requirements
8. Orders and Supply: Outlines the process for placing and fulfilling orders
9. Quality and Specifications: Sets quality standards and compliance requirements
10. Warranties and Representations: States warranties regarding prices, products/services
11. Termination: Details termination rights and procedures
12. Confidentiality: Protects confidential information including pricing
13. General Provisions: Standard boilerplate clauses including governing law
1. Volume Commitments: Used when there are minimum purchase obligations or volume-based pricing
2. Exclusivity: Include when there are exclusive supply arrangements
3. Price Matching: Used when including competitive price matching provisions
4. Currency and Exchange Rates: Include for international agreements with multiple currencies
5. Cost Pass-Through Mechanisms: Used when certain cost increases can be passed through to prices
6. Service Levels: Include when service performance metrics affect pricing
7. Distribution Rights: Used when agreement includes distribution territory or rights
8. Insurance Requirements: Include when specific insurance coverage is required based on value
1. Price List: Detailed list of prices for all products/services covered
2. Price Calculation Methodology: Detailed explanation of how prices are calculated
3. Product/Service Specifications: Detailed specifications of products/services covered
4. Volume Discount Structure: Table of volume-based discounts if applicable
5. Key Performance Indicators: Metrics for measuring performance and price adjustments
6. Approved Locations/Territory: List of locations where pricing agreement applies
7. Price Review Procedure: Detailed process for conducting price reviews
8. Contact Details: Key contacts for pricing, orders, and administration
Relevant legal definitions
Clauses
Relevant Industries
Manufacturing
Retail
Wholesale Trade
Professional Services
Technology
Construction
Healthcare
Food and Beverage
Telecommunications
Energy
Transportation and Logistics
Agriculture
Relevant Teams
Procurement
Legal
Finance
Sales
Commercial
Supply Chain
Operations
Business Development
Contract Management
Pricing
Relevant Roles
Procurement Manager
Commercial Manager
Contract Manager
Supply Chain Manager
Sales Director
Finance Manager
Legal Counsel
Business Development Manager
Category Manager
Pricing Analyst
Operations Manager
Account Manager
Chief Financial Officer
Commercial Director
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