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Purchase And Resale Agreement for New Zealand

Purchase And Resale Agreement Template for New Zealand

A Purchase and Resale Agreement is a comprehensive commercial contract governed by New Zealand law that establishes the terms and conditions under which one party purchases goods from another party with the intention of reselling them. The agreement covers crucial aspects including purchase price, payment terms, delivery arrangements, quality specifications, warranties, and resale rights. It incorporates key provisions from New Zealand's Contract and Commercial Law Act 2017, Fair Trading Act 1986, and other relevant legislation, ensuring compliance with local regulatory requirements while protecting both parties' commercial interests.

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What is a Purchase And Resale Agreement?

The Purchase and Resale Agreement serves as a fundamental legal framework for businesses engaged in distribution, wholesale, or retail operations in New Zealand. This document is essential when one party intends to purchase goods from another party for the purpose of reselling them to third parties. It typically includes detailed provisions on pricing structures, minimum purchase quantities, territory restrictions, quality standards, and warranty terms. The agreement must comply with New Zealand's commercial law framework, including the Contract and Commercial Law Act 2017 and Fair Trading Act 1986. It's particularly valuable for businesses establishing distribution channels, entering new markets, or managing supply chain relationships. The document can be customized to accommodate various business models, from simple resale arrangements to complex distribution networks with territorial exclusivity.

What sections should be included in a Purchase And Resale Agreement?

1. Parties: Identifies and provides full legal details of all parties to the agreement, including registered addresses and company numbers where applicable

2. Background: Sets out the context of the agreement, including the purpose and general intent of the parties

3. Definitions: Defines key terms used throughout the agreement to ensure clarity and consistent interpretation

4. Purchase Terms: Details the initial purchase including prices, quantities, and delivery terms

5. Payment Terms: Specifies payment amounts, timing, and methods for both purchase and resale transactions

6. Delivery and Transfer of Title: Outlines delivery arrangements, risk transfer, and when legal ownership passes

7. Quality and Specifications: Defines required product standards, specifications, and quality assurance processes

8. Resale Rights and Obligations: Specifies terms under which goods can be resold, including any territorial or customer restrictions

9. Warranties and Representations: Lists warranties given by each party regarding the goods and their authority to enter the agreement

10. Term and Termination: Specifies agreement duration and circumstances under which it can be terminated

11. Liability and Indemnification: Sets out liability limits and indemnification obligations of each party

12. Dispute Resolution: Outlines process for resolving disputes between parties

13. General Provisions: Contains standard boilerplate clauses including governing law, notices, and assignment rights

What sections are optional to include in a Purchase And Resale Agreement?

1. Intellectual Property Rights: Include when the goods involve trademarks, patents, or other IP rights that need protection

2. Minimum Purchase Requirements: Add when there are specific volume commitments or ongoing purchase obligations

3. Marketing and Promotion: Include when parties have specific responsibilities for marketing or promoting the goods

4. Territory Restrictions: Add when resale is limited to specific geographic areas or markets

5. Exclusivity Provisions: Include when either party is granted exclusive rights in certain contexts

6. Compliance with Laws: Add detailed compliance section when dealing with regulated products or markets

7. Storage and Handling: Include for goods requiring specific storage conditions or handling procedures

8. Training and Support: Add when supplier must provide training or ongoing support for the goods

9. Insurance Requirements: Include when specific insurance coverage is required for high-value or high-risk goods

10. Confidentiality: Add detailed confidentiality provisions when dealing with sensitive commercial information

What schedules should be included in a Purchase And Resale Agreement?

1. Schedule 1 - Products and Pricing: Detailed list of products, specifications, and pricing structure

2. Schedule 2 - Service Levels: Specific performance metrics and service level requirements

3. Schedule 3 - Territory Definition: Detailed description of authorized sales territories if applicable

4. Schedule 4 - Quality Standards: Detailed quality requirements and testing procedures

5. Schedule 5 - Delivery Requirements: Specific delivery timeframes and logistics requirements

6. Appendix A - Product Specifications: Technical specifications and requirements for each product

7. Appendix B - Warranty Terms: Detailed warranty terms and claim procedures

8. Appendix C - Return Procedures: Processes and requirements for product returns and replacements

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

Jurisdiction

New Zealand

Publisher

Ƶ

Cost

Free to use
Relevant legal definitions






























Clauses





































Relevant Industries

Retail

Manufacturing

Consumer Goods

Electronics

Automotive

Fashion and Apparel

Food and Beverage

Medical Supplies

Industrial Equipment

Telecommunications

Agricultural Products

Construction Materials

Pharmaceuticals

Technology Hardware

Relevant Teams

Legal

Procurement

Sales

Commercial

Supply Chain

Operations

Finance

Compliance

Business Development

Trade

Vendor Management

Relevant Roles

Procurement Manager

Commercial Director

Supply Chain Manager

Sales Director

Business Development Manager

Legal Counsel

Contract Manager

Operations Manager

Commercial Manager

Chief Commercial Officer

Purchasing Officer

Distribution Manager

Vendor Relations Manager

Category Manager

Trade Compliance Manager

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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