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Sales Service Agreement

Sales Service Agreement Template for India

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Key Requirements PROMPT example:

Sales Service Agreement

"I need a Sales Service Agreement for my IT company to provide software products and ongoing maintenance services to enterprise clients in India, including quarterly updates and 24/7 technical support, with the agreement starting from March 2025."

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Document background
The Sales Service Agreement serves as a fundamental contract template for businesses operating in India that combine product sales with service offerings. This hybrid agreement is particularly relevant in scenarios where companies provide physical or digital products along with associated services such as installation, maintenance, training, or ongoing support. The document is structured to comply with Indian legislative requirements, including the Indian Contract Act 1872, Sale of Goods Act 1930, and Consumer Protection Act 2019, while accommodating the complexity of modern commercial relationships. It is designed to protect both parties' interests by clearly defining responsibilities, establishing quality standards, and setting performance metrics for both product delivery and service provision. This agreement type is increasingly important in today's business landscape where pure product sales are frequently enhanced with value-added services to create comprehensive solution offerings.
Suggested Sections

1. Parties: Identification and details of the parties entering into the agreement

2. Background: Context of the agreement and brief description of the business relationship

3. Definitions: Definitions of key terms used throughout the agreement

4. Scope of Services and Sales: Detailed description of services to be provided and products to be sold

5. Term and Termination: Duration of the agreement and conditions for termination

6. Payment Terms: Pricing, payment schedule, invoicing, and payment methods

7. Delivery and Acceptance: Terms for delivery of goods and acceptance criteria for services

8. Warranties and Representations: Warranties for products and services, and representations by both parties

9. Service Levels: Performance standards and metrics for service delivery

10. Intellectual Property Rights: Ownership and usage rights of intellectual property

11. Confidentiality: Protection and handling of confidential information

12. Indemnification: Mutual indemnification obligations and procedures

13. Limitation of Liability: Caps on liability and excluded damages

14. Force Majeure: Circumstances excusing performance

15. Governing Law and Jurisdiction: Applicable law and jurisdiction for dispute resolution

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

Optional Sections

1. Insurance: Insurance requirements when significant risk exposure exists

2. Compliance with Laws: Specific regulatory compliance requirements for regulated industries

3. Data Protection: Required when personal data processing is involved

4. Training and Support: When ongoing training or support services are part of the agreement

5. Territory Restrictions: When sales or services are limited to specific geographic areas

6. Marketing and Branding: When agreement includes co-branding or marketing rights

7. Audit Rights: When regular audits of performance or compliance are required

8. Escrow Arrangements: When source code or critical materials need to be held in escrow

9. Change Control: When services or products may require formal change management procedures

Suggested Schedules

1. Schedule A - Product Specifications: Detailed specifications of products being sold

2. Schedule B - Service Specifications: Detailed description of services and delivery requirements

3. Schedule C - Pricing and Payment Schedule: Detailed pricing structure and payment terms

4. Schedule D - Service Level Agreement: Detailed service levels, metrics, and penalties

5. Schedule E - Support and Maintenance Terms: Details of support and maintenance services

6. Schedule F - Authorized Representatives: List of key contacts and authorized representatives

7. Appendix 1 - Technical Requirements: Technical specifications and requirements

8. Appendix 2 - Quality Standards: Quality requirements and standards for products and services

9. Appendix 3 - Reporting Requirements: Templates and requirements for regular reporting

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Acceptance
Agreement
Applicable Law
Associated Services
Authorized Representative
Business Day
Confidential Information
Contract Year
Customer
Defect
Deliverables
Delivery Location
Documentation
Effective Date
Fees
Force Majeure Event
Good Industry Practice
GST
Intellectual Property Rights
Material Breach
Order
Products
Purchase Order
Quality Standards
Related Parties
Service Credits
Service Levels
Services
Service Provider
Specifications
Statement of Work
Subcontractor
Support Services
Term
Territory
Third Party
Warranty Period
Working Hours
Clauses
Appointment
Scope of Work
Product Specifications
Service Delivery
Term and Termination
Payment Terms
Pricing
Invoicing
Delivery
Acceptance Testing
Service Levels
Performance Standards
Quality Requirements
Warranties
Support and Maintenance
Training
Intellectual Property
Confidentiality
Data Protection
Compliance
Insurance
Indemnification
Limitation of Liability
Force Majeure
Change Control
Dispute Resolution
Governing Law
Assignment
Subcontracting
Notices
Entire Agreement
Severability
Waiver
Amendment
Third Party Rights
Anti-Corruption
Export Control
Survival
Relationship of Parties
Counterparts
Relevant Industries

Information Technology

Manufacturing

Retail

Professional Services

Healthcare

Telecommunications

Industrial Equipment

Consumer Electronics

Automotive

Energy and Utilities

Financial Services

Engineering Services

Relevant Teams

Legal

Sales

Commercial

Operations

Procurement

Business Development

Contract Administration

Service Delivery

Account Management

Supply Chain

Customer Success

Technical Services

Relevant Roles

Commercial Director

Head of Sales

Legal Counsel

Contract Manager

Business Development Manager

Operations Manager

Service Delivery Manager

Procurement Manager

Account Manager

Sales Operations Manager

Chief Commercial Officer

Vendor Manager

Supply Chain Manager

Customer Success Manager

Technical Services Manager

Industries
Indian Contract Act, 1872: Fundamental law governing contract formation, validity, performance, and breach of contracts in India. Establishes basic principles of offer, acceptance, consideration, and capacity to contract.
Sale of Goods Act, 1930: Regulates the sale of goods, transfer of property, conditions and warranties, rights of unpaid seller, and remedies for breach of contract.
Consumer Protection Act, 2019: Protects consumer interests, including both goods and services, establishes consumer dispute redressal mechanisms, and defines unfair trade practices.
Central Goods and Services Tax Act, 2017: Governs the taxation of goods and services in India, including registration requirements, tax rates, and compliance obligations.
Information Technology Act, 2000: Relevant for electronic contracts and digital signatures if the agreement involves any online or electronic components.
Indian Stamp Act, 1899: Determines the stamp duty requirements for different types of agreements to make them legally admissible.
Competition Act, 2002: Ensures fair competition and prevents anti-competitive practices in service agreements and sales contracts.
Specific Relief Act, 1963: Provides remedies for breach of contract, including specific performance and injunctive relief.
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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