Contract Terms Checklist

Company Letterhead

{{company_name}} {{company_address}} Phone: {{phone}} Email: {{email}} Website: {{website}}

Contract Identification

1. Contract Title: {{contract_title}}

2. Contract Parties: {{party_A_name}} (the "First Party") and {{party_B_name}} (the "Second Party")

3. Effective Date: {{effective_date}}

4. Contract Reference Number (if any): {{contract_reference_number}}

Purpose and Scope

1. Clear Statement of Purpose: Has the fundamental objective of the contract been clearly defined?

2. Scope of Work/Services/Goods: Is there a detailed description of what is being provided or exchanged?

3. Exclusions: Are there any specific activities, items, or services explicitly excluded from the contract scope?

Key Commercial Terms

1. Price/Remuneration: {{currency_symbol}}{{amount}} ({{payment_terms}})

2. Payment Schedule: {{payment_schedule_details}}

3. Delivery/Performance Dates: {{delivery_date}}, {{performance_start_date}} - {{performance_end_date}}

4. Warranties and Guarantees: Are there clear statements regarding product/service quality and remedies for non-conformance?

5. Term and Termination: {{contract_duration}} (e.g., fixed term, ongoing with notice period). Conditions for early termination: {{termination_conditions}}

Legal and Statutory Compliance

1. Governing Law: {{jurisdiction}} (e.g., South Africa, Botswana, Namibia).

2. Dispute Resolution: {{dispute_resolution_mechanism}} (e.g., arbitration, mediation, court litigation in {{court_jurisdiction}}).

3. Confidentiality: Are there clauses protecting sensitive information? {{confidentiality_duration}}.

4. Intellectual Property: Ownership and licensing of IP created or used under the contract? {{IP_clauses}}.

5. Data Protection: Compliance with relevant data privacy laws (e.g., POPIA in South Africa)? {{data_protection_measures}}.

6. Force Majeure: Conditions under which parties are excused from performance due to unforeseen events. {{force_majeure_events}}.

Responsibilities and Obligations

1. Responsibilities of First Party: {{party_A_responsibilities}}

2. Responsibilities of Second Party: {{party_B_responsibilities}}

3. Indemnities: Are there clauses protecting parties from losses caused by the other party's actions? {{indemnity_details}}.

4. Limitation of Liability: Are there caps or exclusions on liability for certain damages? {{liability_limits}}.

Review and Acceptance

1. All schedules, annexures, and appendices attached and referenced?

2. All parties have legal capacity and authority to enter into the contract?

3. Independent legal advice sought where necessary?

4. Any special conditions or amendments agreed upon? {{special_conditions}}

Signature Block

Agreed and Accepted By:

_____________________________

For: {{party_A_name}}

Name: {{signer_A_name}}

Title: {{signer_A_title}}

Date: {{signature_date}}

_____________________________

For: {{party_B_name}}

Name: {{signer_B_name}}

Title: {{signer_B_title}}

Date: {{signature_date}}