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Master Pricing Agreement

Master Pricing Agreement Template for New Zealand

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Key Requirements PROMPT example:

Master Pricing Agreement

"I need a Master Pricing Agreement for my technology company to supply software licenses and maintenance services to enterprise customers in New Zealand, with quarterly price reviews and volume-based discounts starting from January 2025."

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Document background
The Master Pricing Agreement serves as a foundational document for establishing long-term pricing relationships between commercial parties in New Zealand. It is particularly useful for ongoing supply arrangements where parties need a structured framework for determining and adjusting prices over time. The agreement addresses key commercial and legal requirements under New Zealand law, including GST treatment, fair trading compliance, and commercial law principles. It typically includes detailed schedules for specific pricing mechanisms, volume commitments, and service specifications, allowing for flexibility while maintaining a consistent governing framework. This document is essential for businesses seeking to establish clear, legally compliant pricing structures while maintaining the ability to adapt to changing market conditions.
Suggested Sections

1. Parties: Identification of all contracting parties, including full legal names and addresses

2. Background: Context of the agreement, relationship between parties, and purpose of the pricing arrangement

3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement

4. Term and Renewal: Duration of the agreement and renewal provisions

5. Pricing Structure: Core pricing mechanisms, including base prices, adjustments, and calculation methods

6. Price Review and Adjustment: Procedures and timing for price reviews, including inflation adjustments and market-based changes

7. Ordering Process: Procedures for placing orders under the agreement

8. Payment Terms: Payment timing, methods, currencies, and late payment consequences

9. Taxes and Duties: Treatment of GST and other applicable taxes

10. Obligations of the Parties: Key responsibilities and commitments of each party

11. Confidentiality: Protection of confidential information and pricing details

12. Termination: Grounds and process for termination and consequences

13. General Provisions: Standard boilerplate clauses including notices, governing law, and dispute resolution

Optional Sections

1. Volume Commitments: Include when there are minimum purchase obligations or volume-based pricing tiers

2. Most Favored Customer: Include when offering best pricing guarantees to the customer

3. Service Levels: Include when the pricing is linked to performance metrics or service levels

4. Currency Risk: Include for international agreements with multiple currencies

5. Intellectual Property: Include when the pricing involves licensed products or IP rights

6. Insurance: Include when specific insurance requirements are linked to pricing or risk allocation

7. Force Majeure: Include when price adjustments may be needed due to extraordinary events

8. Audit Rights: Include when verification of pricing calculations or volume data is required

Suggested Schedules

1. Schedule 1 - Price List: Detailed listing of all products/services and their corresponding prices

2. Schedule 2 - Price Adjustment Mechanism: Detailed formulas and procedures for price adjustments

3. Schedule 3 - Volume Discount Structure: Tiered pricing based on volume commitments or actual volumes

4. Schedule 4 - Product/Service Specifications: Detailed description of products/services covered by the pricing

5. Schedule 5 - Ordering Procedures: Detailed procedures and forms for placing orders

6. Schedule 6 - Service Level Requirements: Performance metrics and their impact on pricing

7. Appendix A - Approved Locations: List of locations where the pricing agreement applies

8. Appendix B - Contact Details: Key contacts for pricing discussions and notifications

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 Industries

Manufacturing

Retail

Technology

Professional Services

Healthcare

Construction

Telecommunications

Energy

Transportation and Logistics

Financial Services

Food and Beverage

Industrial Supplies

Agriculture

Relevant Teams

Legal

Procurement

Commercial

Finance

Sales

Operations

Supply Chain

Business Development

Vendor Management

Contract Administration

Relevant Roles

Commercial Manager

Procurement Manager

Legal Counsel

Contract Manager

Supply Chain Manager

Chief Financial Officer

Pricing Analyst

Business Development Manager

Sales Director

Operations Manager

Category Manager

Vendor Manager

Commercial Director

Chief Commercial Officer

Industries
Contract and Commercial Law Act 2017: This is the primary legislation governing contract formation, interpretation, and enforcement in New Zealand. It consolidates various commercial laws and is essential for any commercial agreement.
Fair Trading Act 1986: Regulates trade practices and prohibits misleading and deceptive conduct in trade. Important for pricing representations and commercial dealings.
Commerce Act 1986: Governs competition law and prohibits anti-competitive practices. Relevant for pricing agreements to ensure they don't violate competition laws.
Goods and Services Tax Act 1985: Crucial for pricing considerations as it governs the application of GST to goods and services in New Zealand.
Electronic Transactions Act 2002: Relevant if the agreement will be executed or managed electronically, ensuring electronic transactions have legal validity.
Personal Property Securities Act 1999: May be relevant if the pricing agreement includes security interests or payment terms involving secured transactions.
Consumer Guarantees Act 1993: While primarily for consumer transactions, may be relevant if the pricing agreement could extend to consumer goods or services.
Credit Contracts and Consumer Finance Act 2003: Relevant if the pricing agreement includes credit terms or financing arrangements.
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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