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Master Supplier Agreement
"I need a Master Supplier Agreement for a South African technology company that will be procuring IT hardware and support services from multiple international suppliers, with specific focus on data protection compliance and B-BBEE requirements."
1. Parties: Identification and details of the contracting parties
2. Background: Context of the agreement and relationship between the parties
3. Definitions and Interpretation: Definitions of key terms and interpretation rules
4. Appointment and Scope: Formal appointment of supplier and scope of services/goods
5. Term and Renewal: Duration of the agreement and renewal provisions
6. Ordering Process: Procedures for placing and accepting orders
7. Delivery and Performance: Requirements for delivery of goods/services and performance standards
8. Price and Payment: Pricing structure, payment terms, and invoicing requirements
9. Quality Standards: Required quality standards and quality assurance processes
10. Warranties and Representations: Warranties regarding goods/services and general business conduct
11. Compliance with Laws: Obligations to comply with applicable laws including B-BBEE
12. Intellectual Property: IP rights, ownership, and licenses
13. Confidentiality: Protection of confidential information
14. Data Protection: POPIA compliance and data handling requirements
15. Liability and Indemnification: Limitation of liability and indemnification provisions
16. Insurance: Required insurance coverage
17. Termination: Termination rights and procedures
18. Dispute Resolution: Process for resolving disputes
19. General Provisions: Standard boilerplate clauses including notices, assignment, etc.
1. Service Levels: Detailed service level requirements and KPIs - include for service-based agreements
2. Business Continuity: Business continuity and disaster recovery requirements - include for critical suppliers
3. Environmental Compliance: Environmental standards and compliance - include for environmentally sensitive operations
4. Security Requirements: Information and physical security requirements - include for sensitive operations
5. Anti-Corruption: Detailed anti-corruption provisions - include for high-risk or international arrangements
6. Change Control: Formal process for changes to services/goods - include for complex or technical supplies
7. Subcontracting: Rules around subcontracting - include when subcontracting is likely
8. Technology Requirements: Specific technology standards and requirements - include for technology-related supplies
1. Schedule 1 - Goods and Services: Detailed description of goods/services to be supplied
2. Schedule 2 - Pricing: Detailed pricing structure, rates, and payment terms
3. Schedule 3 - Service Levels: Detailed service level requirements and measurements
4. Schedule 4 - Technical Specifications: Technical requirements and specifications
5. Schedule 5 - Key Personnel: List of key personnel and their roles
6. Schedule 6 - Approved Subcontractors: List of approved subcontractors if applicable
7. Schedule 7 - B-BBEE Requirements: Specific B-BBEE compliance requirements and targets
8. Schedule 8 - Data Processing Terms: Detailed data protection and processing requirements
9. Appendix A - Order Form Template: Standard template for placing orders
10. Appendix B - Acceptance Testing Procedures: Procedures for accepting goods/services
Authors
Affiliate
Agreement
Applicable Laws
B-BBEE
Business Day
Commencement Date
Confidential Information
Consumer Protection Act
Contract Year
Deliverables
Delivery Location
Dispute
Effective Date
Force Majeure Event
Goods
Intellectual Property Rights
Key Personnel
Material Breach
Order
POPIA
Personal Information
Price
Purchase Order
Quality Standards
Representatives
Services
Service Levels
Specifications
Subcontractor
Supplier Personnel
Term
Territory
VAT
Warranties
Term and Renewal
Supply Obligations
Ordering Process
Delivery
Acceptance
Price and Payment
Invoicing
Quality Standards
Service Levels
Performance Monitoring
Warranties
Compliance with Laws
B-BBEE Compliance
Data Protection
Confidentiality
Intellectual Property
Personnel
Subcontracting
Insurance
Liability and Indemnification
Force Majeure
Termination
Exit Management
Anti-Corruption
Competition Law Compliance
Change Control
Dispute Resolution
Assignment and Subcontracting
Notices
Governing Law
Business Continuity
Record Keeping
Audit Rights
Environmental Compliance
Health and Safety
Non-Solicitation
Entire Agreement
Severability
Variation
Waiver
Relationship of Parties
Third Party Rights
Manufacturing
Retail
Technology
Professional Services
Construction
Mining
Financial Services
Healthcare
Telecommunications
Energy
Agriculture
Logistics
Automotive
Consumer Goods
Legal
Procurement
Finance
Operations
Supply Chain
Risk & Compliance
Commercial
Vendor Management
Sourcing
Contract Management
Chief Procurement Officer
Procurement Manager
Supply Chain Manager
Legal Counsel
Contract Manager
Commercial Director
Chief Financial Officer
Operations Director
Vendor Manager
Sourcing Manager
Risk Manager
Compliance Officer
Finance Manager
Category Manager
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