The Framework Agreement Contract serves as a master agreement establishing the fundamental terms and conditions governing future business transactions between parties under Belgian law. This type of contract is particularly useful when parties anticipate multiple transactions over time and want to avoid negotiating terms for each individual deal. It streamlines commercial relationships by pre-agreeing on key aspects such as pricing mechanisms, quality standards, ordering procedures, and risk allocation. The document complies with Belgian civil and commercial law requirements, including the Belgian Civil Code and Economic Law Code, while also addressing relevant EU regulations. It's commonly used in both private sector relationships and public procurement contexts, providing flexibility through its structure of a master agreement with subsequent call-off contracts.
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1. Parties: Identification and details of the contracting parties, including registered offices and registration numbers
2. Background: Context of the agreement, relationship between parties, and purpose of establishing the framework
3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement
4. Framework Structure: Description of how the framework operates, including process for forming specific contracts
5. Duration and Termination: Term of the framework agreement, renewal provisions, and termination rights
6. Ordering Process: Procedures for placing and accepting orders under the framework
7. Prices and Payment: Pricing mechanisms, payment terms, and invoicing procedures
8. Performance Standards: Required quality standards, KPIs, and service levels
9. Warranties and Representations: Standard warranties regarding capacity, authority, and quality
10. Liability and Indemnities: Allocation of risks, limitation of liability, and indemnification obligations
11. Intellectual Property Rights: Ownership and usage rights of IP under the framework
12. Confidentiality: Protection of confidential information exchanged under the framework
13. Force Majeure: Provisions for handling events beyond parties' reasonable control
14. General Provisions: Standard boilerplate clauses including notices, amendments, and governing law
1. Data Protection: Required if personal data processing is involved, addressing GDPR compliance
2. Exclusivity: Include if parties agree to exclusive arrangements or specific territorial restrictions
3. Insurance: Include if specific insurance requirements are necessary for the services/goods provided
4. Environmental Compliance: Include for agreements involving environmental considerations or regulations
5. Staff and Subcontracting: Include if services involve personnel or potential subcontracting arrangements
6. Change Control: Include for complex agreements requiring formal processes for changes
7. Anti-Corruption: Include for international arrangements or public sector involvement
8. Business Continuity: Include for critical services or long-term strategic relationships
1. Schedule 1 - Services/Products Specification: Detailed description of services or products covered by the framework
2. Schedule 2 - Pricing Schedule: Detailed pricing structure, including any volume discounts or price adjustment mechanisms
3. Schedule 3 - Service Levels: Detailed service level requirements and measurement criteria
4. Schedule 4 - Ordering Procedure: Detailed procedures and forms for placing and processing orders
5. Schedule 5 - Key Personnel: Details of key contacts and responsible personnel from both parties
6. Schedule 6 - Form of Call-off Contract: Template for individual contracts to be formed under the framework
7. Schedule 7 - Change Control Procedure: Detailed process for managing changes to the agreement or specifications
8. Schedule 8 - Exit Management: Procedures for managing the end of the relationship and transition
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