The Addendum To Agreement Of Sale is a crucial document used when parties need to modify an existing sales agreement without creating an entirely new contract. Under Dutch law, this document provides a formal mechanism to update terms, prices, specifications, or other elements of the original agreement while maintaining legal certainty and continuity. It's particularly relevant when circumstances change after the original agreement's execution, requiring adjustments to reflect new commercial terms, technical specifications, or compliance requirements. The document must comply with Dutch Civil Code requirements, particularly regarding contract modifications and the specific regulations governing sales agreements. It's commonly used in both business-to-business and business-to-consumer contexts, though additional consumer protection requirements may apply in the latter case.
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1. Parties: Identification of all parties to the original agreement, including their legal names, addresses, and registration details
2. Background: Reference to the original Agreement of Sale, including its date and subject matter, and brief explanation of why the addendum is needed
3. Definitions: Key terms used in the addendum, particularly new terms not defined in the original agreement
4. Reference to Original Agreement: Explicit confirmation that this document serves as an addendum to the specified original agreement
5. Amendments: Detailed description of specific modifications, deletions, or additions to the original agreement, with clear reference to affected sections
6. Effect on Original Agreement: Statement confirming that all other terms and conditions of the original agreement remain in full force and effect
7. Integration: Clause stating that the addendum forms an integral part of the original agreement
8. Governing Law: Confirmation that Dutch law continues to govern the agreement and addendum
9. Execution: Signature blocks for all parties and execution requirements
1. Consideration: Required if there are new financial terms or exchange of value related to the modifications
2. Effective Date: Specific section about when the modifications take effect, if different from the signing date
3. Representations and Warranties: Additional confirmations or guarantees specific to the modifications being made
4. Conditions Precedent: Any conditions that must be met before the addendum becomes effective
5. Third Party Consents: Required if modifications need approval from parties not signing the addendum
6. Regulatory Compliance: Needed if modifications involve regulated aspects of the sale
1. Schedule of Amendments: Detailed listing of all specific changes to clauses in the original agreement, particularly useful for complex modifications
2. Revised Price Schedule: If the addendum involves changes to pricing or payment terms
3. Modified Specifications: For changes to technical or product specifications
4. Updated Timeline: If delivery or performance schedules are being modified
5. Consent Documents: Copies of any required third-party or regulatory approvals
6. Marked Version: Redlined version showing changes to specific sections of the original agreement
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