The Master Contract Agreement is designed to serve as a comprehensive framework document that governs the overall business relationship between parties operating under Belgian law. It is particularly useful when parties anticipate multiple transactions or services over time and want to avoid negotiating terms for each individual transaction. The agreement incorporates essential Belgian legal requirements and EU regulations, covering aspects such as contract formation, performance standards, liability provisions, data protection, and dispute resolution. It includes both mandatory provisions required by Belgian law and customary commercial terms, making it suitable for various business relationships ranging from service provision to supply arrangements. The document typically serves as the foundation for subsequent specific agreements or purchase orders, which can be executed more efficiently once this master framework is in place.
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1. Parties: Identification and details of the contracting parties
2. Background: Context of the agreement and business relationship
3. Definitions and Interpretation: Defined terms and rules of interpretation
4. Structure and Scope: Framework of the master agreement and its relationship with subsequent agreements
5. Term and Termination: Duration, renewal, and termination provisions
6. Ordering Process: Procedures for placing and accepting orders under the agreement
7. Pricing and Payment Terms: General pricing principles, payment terms, invoicing requirements
8. Service Levels: General performance standards and quality requirements
9. Warranties and Representations: Standard warranties and representations of both parties
10. Liability and Indemnification: Limitation of liability and indemnification obligations
11. Confidentiality: Protection of confidential information
12. Intellectual Property Rights: Ownership and usage rights of IP
13. Data Protection: GDPR compliance and data handling requirements
14. Force Majeure: Events excusing performance
15. Governing Law and Jurisdiction: Application of Belgian law and dispute resolution
16. General Provisions: Standard boilerplate clauses including notices, assignment, severability
1. Insurance Requirements: Specific insurance obligations - include when services or goods involve significant risks
2. Compliance with Laws: Specific regulatory compliance obligations - include for regulated industries
3. Environmental Requirements: Environmental standards and compliance - include for manufacturing or logistics services
4. Security Requirements: IT and physical security requirements - include for technology services or handling sensitive assets
5. Personnel Requirements: Staff qualifications and vetting - include when supplier personnel will be working on-site
6. Business Continuity: Disaster recovery and business continuity requirements - include for critical services
7. Audit Rights: Detailed audit provisions - include for regulated industries or critical suppliers
8. Parent Company Guarantee: Parent company support provisions - include when supplier's financial strength is crucial
1. Schedule 1 - Pricing Schedule: Detailed pricing structure, rates, and charging mechanisms
2. Schedule 2 - Service Descriptions: Detailed description of services or products covered
3. Schedule 3 - Service Levels and KPIs: Detailed performance metrics and measurement methods
4. Schedule 4 - Operational Procedures: Detailed operational processes and procedures
5. Schedule 5 - Technical Requirements: Technical specifications and standards
6. Schedule 6 - Form of Order: Template for individual orders under the master agreement
7. Schedule 7 - Change Control Procedure: Process for implementing changes to services or terms
8. Schedule 8 - Key Personnel: List of key personnel and their roles
9. Schedule 9 - Exit Plan: Transition arrangements at termination
10. Appendix A - Contact Details: Contact information for key personnel and notices
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