Sales And Service Agreement

Sales And Service Agreement Template for Hong Kong

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Key Requirements PROMPT example:

"I need a Sales and Service Agreement for my technology company to supply hardware equipment and ongoing maintenance services to enterprise customers in Hong Kong, with specific focus on service level commitments and warranty terms for both hardware and support services."

Document background

The Sales and Service Agreement is designed for commercial arrangements where a supplier provides both goods and associated services under Hong Kong law. This type of agreement is particularly relevant when products require installation, maintenance, support, or other ongoing services as part of the overall package. The document addresses both the transfer of goods and the delivery of services, incorporating Hong Kong's statutory requirements regarding quality, fitness for purpose, and reasonable care in service provision. It's commonly used in technology implementations, equipment supply, or complex product solutions where the service component is crucial to the proper functioning or utilization of the goods. The agreement includes detailed specifications for both products and services, pricing structures, performance metrics, and risk allocation appropriate to Hong Kong's commercial environment.

Suggested Sections

1. Parties: Identification and details of the contracting parties

2. Background: Context of the agreement and business relationship

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

4. Supply of Goods: Terms governing the sale and supply of goods, including ordering process, delivery terms, and transfer of title

5. Provision of Services: Terms governing the provision of services, including scope, standards, and performance requirements

6. Quality and Compliance: Quality standards for goods and services, compliance with regulations and specifications

7. Prices and Payment: Pricing structure, payment terms, invoicing, and payment methods

8. Delivery and Acceptance: Delivery terms, inspection rights, acceptance procedures, and rejection of non-conforming goods/services

9. Warranties: Warranties for goods and services, including implied warranties under Hong Kong law

10. Liability and Indemnification: Limitation of liability, indemnification obligations, and insurance requirements

11. Term and Termination: Duration of agreement, renewal terms, and termination rights

12. Confidentiality: Protection of confidential information and trade secrets

13. Force Majeure: Events excusing performance and consequences

14. General Provisions: Standard boilerplate clauses including governing law, notices, and entire agreement

Optional Sections

1. Intellectual Property Rights: Include when IP rights are being created, licensed, or transferred

2. Data Protection: Include when personal data is being processed under the agreement

3. Exclusivity: Include when either party is granted exclusive rights

4. Change Control: Include for complex services requiring formal change management procedures

5. Service Levels: Include when specific performance metrics and remedies are required

6. Training and Support: Include when ongoing training or support services are part of the agreement

7. Import/Export: Include for international sales requiring compliance with trade regulations

8. Anti-Corruption: Include when required by corporate policies or international trade considerations

9. Business Continuity: Include for critical supply relationships requiring disaster recovery planning

Suggested Schedules

1. Schedule 1 - Goods Specification: Detailed technical specifications of goods to be supplied

2. Schedule 2 - Services Specification: Detailed scope of services to be provided

3. Schedule 3 - Pricing and Payment Schedule: Detailed pricing structure, rates, and payment milestones

4. Schedule 4 - Service Levels and KPIs: Performance metrics, measurement methods, and remedies

5. Schedule 5 - Form of Purchase Order: Standard form for ordering goods or services

6. Schedule 6 - Acceptance Testing Procedures: Procedures for testing and accepting goods or services

7. Schedule 7 - Support and Maintenance Terms: Details of support and maintenance services if applicable

8. Appendix A - Contact Details: Key contacts and notice details for both parties

Authors

Alex Denne

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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Technology

Manufacturing

Telecommunications

Healthcare

Professional Services

Industrial Equipment

Consumer Electronics

Automotive

Energy

Retail

Construction

Information Technology

Logistics

Financial Services

Medical Devices

Relevant Teams

Legal

Procurement

Sales

Operations

Commercial

Supply Chain

Service Delivery

Technical Support

Compliance

Finance

Business Development

Account Management

Quality Assurance

Contract Administration

Risk Management

Relevant Roles

Chief Commercial Officer

Procurement Manager

Sales Director

Contract Manager

Legal Counsel

Operations Director

Service Delivery Manager

Supply Chain Manager

Commercial Director

Business Development Manager

Account Manager

Technical Services Manager

Chief Operating Officer

Vendor Manager

Compliance Officer

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Authors

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