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First Supply Agreement

This template is a standard First Supply Agreement for use by businesses in Southern Africa. It outlines the terms and conditions under which a supplier will provide goods or services to a buyer for an initial engagement.

Updated 15d ago
supply agreementfirst supplysouthern africatenderSMEprocurementgoodsservices

Company Letterhead

{{company_name}}

{{company_address}}

Phone: {{phone}}

Email: {{email}}

Website: {{website}}

DATE

{{date}}

PARTIES

This First Supply Agreement (“Agreement”) is made and entered into on this {{day}} day of {{month}}, {{year}} (the “Effective Date”) by and between:

{{supplier_company_name}}, a company duly incorporated under the laws of {{supplier_jurisdiction}}, with its registered office located at {{supplier_address}} (hereinafter referred to as “the Supplier”); and

{{buyer_company_name}}, a company duly incorporated under the laws of {{buyer_jurisdiction}}, with its registered office located at {{buyer_address}} (hereinafter referred to as “the Buyer”).

The Supplier and the Buyer shall hereinafter be collectively referred to as “the Parties” and individually as “a Party.”

RECITALS

WHEREAS, the Supplier is in the business of supplying {{description_of_goods_or_services}}.

WHEREAS, the Buyer desires to procure, and the Supplier desires to supply, the aforementioned goods/services under the terms and conditions set forth in this Agreement.

NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the Parties agree as follows:

1. SCOPE OF SUPPLY

1.1. The Supplier agrees to supply and the Buyer agrees to purchase {{detailed_description_of_goods_or_services}} (hereinafter referred to as “the Goods/Services”) as more fully described in Schedule A attached hereto.

1.2. The quantity and specifications of the Goods/Services shall be as agreed upon in individual purchase orders (“Purchase Orders”) issued by the Buyer and accepted by the Supplier from time to time, subject to the terms of this Agreement.

2. PRICE AND PAYMENT

2.1. The price for the Goods/Services shall be as set out in Schedule B or as agreed upon in each Purchase Order.

2.2. All prices are stated in {{currency}} and are exclusive of Value Added Tax (VAT) or any other applicable taxes, duties, or levies, which shall be borne by the Buyer.

2.3. The Buyer shall pay the Supplier within {{payment_terms_days}} days from the date of the Supplier’s invoice, unless otherwise agreed in writing.

2.4. In the event of late payment, the Supplier reserves the right to charge interest at a rate of {{interest_rate_percent}}% per month on the overdue amount from the due date until the date of actual payment.

3. DELIVERY AND ACCEPTANCE

3.1. The Supplier shall deliver the Goods/Services to {{delivery_location}} by the date specified in the relevant Purchase Order.

3.2. Delivery shall be deemed complete upon the Buyer's receipt of the Goods/Services at the agreed delivery point.

3.3. The Buyer shall inspect the Goods/Services immediately upon delivery and shall notify the Supplier in writing of any defects, shortages, or non-conformity within {{inspection_period_days}} days of delivery. Failure to provide such notice shall constitute acceptance of the Goods/Services.

4. WARRANTIES

4.1. The Supplier warrants that the Goods/Services supplied under this Agreement shall be of good quality, free from defects in material and workmanship, and shall conform to the specifications set out in Schedule A for a period of {{warranty_period}} months from the date of delivery.

4.2. This warranty does not cover defects arising from improper use, maintenance, or negligence by the Buyer.

5. INTELLECTUAL PROPERTY

5.1. All intellectual property rights in the Goods/Services, including but not limited to copyrights, patents, trademarks, and trade secrets, shall remain vested in the Supplier, unless otherwise expressly agreed in writing.

6. TERMINATION

6.1. Either Party may terminate this Agreement by giving {{notice_period_days}} days' written notice to the other Party if the other Party commits a material breach of this Agreement and fails to remedy the breach within {{cure_period_days}} days of receiving written notice to do so.

7. GOVERNING LAW AND DISPUTE RESOLUTION

7.1. This Agreement shall be governed by and construed in accordance with the laws of {{governing_law_jurisdiction}}.

7.2. Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration under the rules of {{arbitration_institution}}.

8. ENTIRE AGREEMENT

8.1. This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior discussions, negotiations, and agreements, whether oral or written.

SIGNATURES

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the Effective Date.

FOR THE SUPPLIER:

____________________________

Name: {{supplier_signatory_name}}

Title: {{supplier_signatory_title}}

Date: {{supplier_signature_date}}

FOR THE BUYER:

____________________________

Name: {{buyer_signatory_name}}

Title: {{buyer_signatory_title}}

Date: {{buyer_signature_date}}

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