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Special Purchase Agreement Template for New Zealand

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Key Requirements PROMPT example:

Special Purchase Agreement

"I need a Special Purchase Agreement for procurement of specialized medical equipment from a German manufacturer, with delivery scheduled for March 2025, ensuring compliance with both New Zealand healthcare regulations and international quality standards."

Document background
The Special Purchase Agreement is a specialized commercial contract designed for use in New Zealand business transactions where standard purchase orders or general supply agreements may not provide sufficient detail or protection. This document type is particularly suited for high-value purchases, specialized equipment, custom-manufactured goods, or complex services that require detailed specifications and terms. The agreement ensures compliance with New Zealand's Contract and Commercial Law Act 2017, Fair Trading Act 1986, and other relevant legislation while providing comprehensive coverage of commercial terms, technical requirements, and risk allocation. It is commonly used when organizations need to document specific performance requirements, detailed technical specifications, or unique commercial arrangements that fall outside standard procurement processes.
Suggested Sections

1. Parties: Identifies and provides full legal details of all parties to the agreement

2. Background: Sets out the context and purpose of the agreement, including any relevant history or relationships

3. Definitions: Defines key terms used throughout the agreement for clarity and consistency

4. Purchase Details: Specifies the goods/services being purchased, including quantity, specifications, and quality standards

5. Price and Payment: Details the purchase price, payment terms, method of payment, and any applicable taxes

6. Delivery: Specifies delivery terms, timing, location, and responsibilities for shipping and handling

7. Title and Risk: Establishes when title passes and who bears risk at different stages of the transaction

8. Warranties: Sets out warranties provided by the seller regarding the goods/services

9. Liability and Indemnity: Defines the extent of each party's liability and any indemnification obligations

10. Term and Termination: Specifies the duration of the agreement and circumstances for termination

11. General Provisions: Contains standard legal provisions including governing law, notices, and dispute resolution

Optional Sections

1. Intellectual Property: Required when the purchase involves software, technology, or other IP-protected items

2. Confidentiality: Needed when sensitive information will be shared during the transaction

3. Insurance: Important when significant risks need to be covered or when required by industry standards

4. Performance Guarantees: Used when specific performance metrics or standards need to be met

5. Training and Support: Relevant when the purchase includes ongoing support or training requirements

6. Change Management: Necessary for complex purchases where specifications might need future modification

7. Export/Import Controls: Required for international transactions or controlled goods

8. Force Majeure: Optional but recommended for high-value or long-term purchase agreements

Suggested Schedules

1. Schedule 1 - Specifications: Detailed technical specifications of the goods/services being purchased

2. Schedule 2 - Pricing Schedule: Detailed breakdown of prices, including any volume discounts or pricing mechanisms

3. Schedule 3 - Delivery Schedule: Detailed delivery timelines and milestones

4. Schedule 4 - Service Levels: Performance metrics and service standards (if applicable)

5. Schedule 5 - Warranty Terms: Detailed warranty terms and conditions

6. Appendix A - Forms: Standard forms for ordering, acceptance, or other processes

7. Appendix B - Technical Documentation: Reference technical documents or manuals

8. Appendix C - Compliance Certificates: Required compliance or quality certifications

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions



































Clauses



































Relevant Industries

Manufacturing

Technology

Infrastructure

Healthcare

Construction

Energy

Mining

Agriculture

Telecommunications

Retail

Transportation

Education

Professional Services

Relevant Teams

Procurement

Legal

Finance

Operations

Supply Chain

Quality Assurance

Risk Management

Technical Operations

Project Management

Commercial Operations

Vendor Management

Relevant Roles

Procurement Manager

Commercial Director

Supply Chain Manager

Chief Financial Officer

Legal Counsel

Contract Manager

Operations Director

Technical Manager

Quality Assurance Manager

Risk Manager

Category Manager

Project Manager

Chief Operating Officer

Sourcing Specialist

Vendor 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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