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Supplier Rebate Agreement
"I need a Supplier Rebate Agreement under Hong Kong law for a technology hardware distribution arrangement with a tiered rebate structure starting from 3% for purchases over HKD 1 million per quarter, increasing to 7% for purchases over HKD 5 million per quarter."
1. Parties: Identifies the supplier and customer entities entering into the agreement
2. Background: Sets out the context of the trading relationship and purpose of the rebate arrangement
3. Definitions and Interpretation: Defines key terms used in the agreement including 'Qualifying Purchases', 'Rebate Period', 'Rebate Rate'
4. Rebate Entitlement: Core terms establishing the right to receive rebates and any qualifying conditions
5. Calculation of Rebates: Methodology for calculating rebates, including any tiered structure
6. Payment Terms: Timing and method of rebate payments, including any set-off rights
7. Record Keeping and Reporting: Obligations regarding purchase records and reporting requirements
8. Audit Rights: Rights to verify purchase volumes and rebate calculations
9. Term and Termination: Duration of the agreement and termination provisions
10. Confidentiality: Protection of confidential information exchanged under the agreement
11. General Provisions: Standard boilerplate clauses including notices, amendments, governing law
1. Product Specific Terms: Used when rebates apply only to specific products or have different rates for different products
2. Exclusivity Provisions: Include when the rebate is tied to exclusive or minimum purchase commitments
3. Marketing and Promotion: Include when the agreement includes joint marketing or promotional activities
4. Compliance with Competition Law: Detailed section needed for high-value or market-significant arrangements
5. Service Levels: Include when rebates are tied to supplier performance metrics
6. Force Majeure: Include for long-term agreements or when supply chain disruption is a significant risk
7. Change Control: Include when product lists or rebate rates need a formal variation process
1. Schedule 1 - Rebate Rates and Tiers: Details of rebate percentages and qualifying purchase thresholds
2. Schedule 2 - Qualifying Products: List of products or services eligible for rebates
3. Schedule 3 - Calculation Examples: Worked examples showing how rebates will be calculated in different scenarios
4. Schedule 4 - Reporting Template: Standard format for purchase reporting and rebate calculations
5. Schedule 5 - Contact Details: Key contact persons for operational and administrative matters
6. Appendix A - Purchase History: Historical purchase data used as baseline (if relevant)
Authors
Applicable Laws
Base Price
Business Day
Commencement Date
Confidential Information
Effective Date
Eligible Products
Force Majeure Event
Initial Term
Intellectual Property Rights
Minimum Purchase Requirement
Net Purchases
Payment Date
Purchase Order
Qualifying Period
Qualifying Purchases
Qualifying Volume
Rebate
Rebate Calculation
Rebate Payment
Rebate Period
Rebate Rate
Rebate Statement
Rebate Threshold
Renewal Term
Reporting Period
Sales Report
Specified Currency
Supplier Products
Target Volume
Term
Territory
Tier
Volume Threshold
Interpretation
Duration and Term
Rebate Calculation
Payment Terms
Minimum Purchase Requirements
Volume Commitments
Reporting Requirements
Record Keeping
Audit Rights
Confidentiality
Data Protection
Intellectual Property
Compliance with Laws
Competition Law Compliance
Force Majeure
Termination
Consequences of Termination
Set-Off Rights
Anti-Bribery and Corruption
Assignment and Sub-Contracting
Amendments
Notices
Entire Agreement
Severability
Waiver
Third Party Rights
Governing Law
Dispute Resolution
Counterparts
Retail
Manufacturing
Consumer Goods
Electronics
Automotive
Pharmaceuticals
FMCG
Industrial Equipment
Chemicals
Construction Materials
Technology
Telecommunications
Legal
Procurement
Finance
Commercial
Supply Chain
Sales
Operations
Compliance
Accounts Payable
Business Development
Procurement Manager
Commercial Director
Supply Chain Manager
Chief Financial Officer
Legal Counsel
Commercial Contracts Manager
Sales Director
Account Manager
Finance Manager
Operations Director
Purchasing Director
Trade Compliance Officer
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