Overview

This document is a general supply of goods agreement and may be tailored to a range of manufactured or manually produced goods.

Note that for a contract to manufacture/supply food products in South Africa, the South African Food standards must be complied with.

If compensation is payable on voluntary termination by the Customer, it is important that the compensation payable is no more than a reasonable amount having regard to the nature of the contract. If the compensation is onerous it may be considered to be a 'penalty' in which case it will not be payable.

This document is not appropriate for use where the supply of goods is in conjunction with the provision of services - see the LAWLIVE® Contractor Agreements.

The contents of this Supply Agreement are:

1. The Parties;
2. The Engagement, and whether it is exclusive or non-exclusive;
3. Prices and Payment;
4. Retention of Title (optional), ie whether the Supplier retains ownership of the Goods after delivery until the Goods are paid for;
5. Quality of Contract Goods, ie mandatory warranties as to fitness for purpose and compliance with relevant safety standards, Codes and legislation;
6. Ordering, Delivery and Packaging;
7. Breach by Supplier, time to remedy the breach, termination of supply;
8. Breach by Customer, time to remedy the breach, termination of supply;
9. Warranty, Supplier to repair and fix;
10. Termination, with optional compensation clause;
11. Additional Clauses (if any, in the Schedule) to override provisions in the Agreement;
12. Statutory Warranties;
13. Schedule (to include itemisation of Goods, Prices per unit, method & terms of Payment, Price Variations (if any), Delivery details, Additional Clauses (if any).

LAWLIVE recommends: This is a complex document which involves the creation of complex legal rights and obligations and may give rise to various taxation and liability consequences. The best way to use this document is to complete it, print it out, print out all of the checklists that apply to it and all other LawLive information that relates to this type of document. When you have done this, LawLive recommends you read it carefully and instruct lawyers to assist you in the finalisation of the document and that you take tax advice from your accountant or tax adviser as to any income tax, Legal or VAT consequences.