Supply And Installation Agreement Template for South Africa

The Supply And Installation Agreement is essential for transactions involving both the procurement of equipment and its professional installation, particularly common in industrial, construction, and infrastructure projects in South Africa. This document type is crucial when the successful operation of equipment depends not only on its quality but also on proper installation by qualified personnel. It addresses the complex interface between supply and installation phases, including risk transfer points, testing procedures, and acceptance criteria. The agreement must comply with South African legislation, including consumer protection laws, safety regulations, and where applicable, B-BBEE requirements. It's particularly important for high-value equipment requiring specialized installation expertise, where clear allocation of responsibilities and risk management is essential for project success.

1. Parties: Identification of the supplier/contractor and the customer, including their registered addresses and company details

2. Background: Context of the agreement, including the supplier's expertise and customer's requirements

3. Definitions: Defined terms used throughout the agreement, including technical specifications, site, equipment, and completion criteria

4. Scope of Supply: Detailed description of the equipment/materials to be supplied

5. Installation Services: Scope and specifications of installation services to be provided

6. Price and Payment: Payment terms, including pricing for supply and installation, payment schedules, and VAT provisions

7. Delivery and Risk: Delivery terms, transfer of risk for equipment, and storage responsibilities

8. Time for Completion: Project timeline, key milestones, and completion dates for supply and installation

9. Site Access and Conditions: Terms regarding access to installation site, site preparation, and site conditions

10. Testing and Commissioning: Procedures for testing, commissioning, and acceptance of installed equipment

11. Warranties and Defects: Warranty terms for equipment and installation, defect correction procedures

12. Health and Safety: Health and safety obligations complying with OH&S Act requirements

13. Insurance: Required insurance coverage for equipment, installation, and liability

14. Intellectual Property: IP rights and protections related to the equipment and installation

15. Limitation of Liability: Limitations and exclusions of liability for both parties

16. Termination: Termination rights and procedures

17. General Provisions: Standard legal provisions including notices, governing law, and dispute resolution