Based on the food supply contract template, both parties can add certain clauses to reach a final agreement in accordance with legal regulations. Therefore, Kamereo is sharing the latest 2024 food purchase and sale contract template. You can easily download and customize it to fit your business conditions.
Table of Content
Table of Contents
- What is a food supply contract?
- Some latest 2024 food supply contract templates
- Why have a food purchase and sale contract?
- Points to consider when drafting a food supply contract
- Commonly asked questions
What is a food supply contract?
According to Article 285, Civil Code 2005, No. 33/2005/QH11, a contract is an expression of agreement between parties to establish, modify, or terminate their rights and obligations. In the case of a food supply contract for the company, it is an agreement where the Seller commits to supply food, and the Buyer commits to pay to become the owner of that food.
Based on the food supply contract, parties are allowed to sign additional supplementary documents to adjust the buying and selling process in different stages or depending on specific needs.
Some latest 2024 food supply contract templates
Currently, there are many different food supply contracts for companies. You can refer to some samples below to choose a contract that fits the business operations and agreements of both parties:
- Food/grain supply contract
- Fresh food supply contract template 1
- Fresh food supply contract template 2
- Food purchase and sale contract template 1
- Food purchase and sale contract template 2
- Food purchase and sale contract template 3
Why have a food purchase and sale contract?
Food meets the daily nutritional needs of the body and directly affects human health. Therefore, food production and business activities must comply with strict supervision and management by government agencies.
This management process includes licensing, regular inspections, and surprise inspections. In particular, it always adheres to one of the important principles, which is tracing the origin of the food.
Therefore, a food purchase and sale contract plays an important role from the following perspectives:
- Helps reduce risks and disputes between the seller and the buyer. Contracts are essential to address disputes regarding food quality and safety.
- The food purchase and sale contract is an important tool to prove the origin of the food. This is particularly important for retailers, stores, supermarkets, etc.
- It is a necessary condition for food production and business establishments to obtain a food safety hygiene certificate.
Points to consider when drafting a food supply contract
During the drafting of a food purchase and sale contract, you will need to pay attention to some issues to ensure your rights. Here are some key points to consider:
Contract form
Parties have the right to choose the form of the contract, whether verbal or written, except in cases specified by law. In cases where the law requires a written contract, notarization or authentication, registration, or permission, businesses must comply with those regulations.
These conditions are mandatory for the contract to be valid. The form of the contract is determined based on mutual agreement between the parties.
Effective conditions of the contract
The basic principle in drafting a food supply contract is that the parties voluntarily, freely, and equally agree on the content, which must comply with legal regulations and not affect social ethics.
Interpretation:
- Prohibitive provisions of the law are legal provisions that prohibit specific behaviors.
- Social ethics are commonly recognized and respected standards of behavior in society.
The subject of the contract must be goods that are not prohibited by law and do not violate social ethics. In particular, the parties entering into the contract must have civil act capacity as defined in Article 19, Civil Code 2005, No. 33/2005/QH11.
Terms related to price
During the negotiation of prices, parties need to address factors such as unit price, total value, and payment currency. Additionally, the unit price can be a fixed price or calculated using a specific method. Prices may vary based on market fluctuations or factors affecting the product’s price.
Dispute resolution provisions
During trade activities, parties can agree to choose between bringing disputes to court or commercial arbitration for resolution. Commercial arbitration only has jurisdiction if there is an agreement on arbitration. This agreement can be made before or after a dispute arises.
However, there are situations where disputes can only be resolved through the court, and commercial arbitration does not have jurisdiction.
In the case of commercial contracts between Vietnamese enterprises and foreign enterprises, attention to the legal provisions applicable when resolving disputes is crucial.
Commonly asked questions
Common questions about fresh food supply contracts:
How to handle violations of the fresh food supply contract?
Prioritize resolving any violations through agreement within the contract. If there is no agreement, follow the regulations of the specialized law and related provisions.
Which agency has the authority to issue safety certificates for food business establishments?
The Ministry of Agriculture and Rural Development is the authority responsible for issuing safety certificates for food business establishments.
What to do when operating a food business without meeting the conditions?
Based on Decree No. 115/2018/ND-CP, operating a food business without meeting the conditions will be fined according to specific penalties for each violation of food safety laws.
Read more:
- Analyzing Coca Cola’s supply chain model in Vietnam
- Compile 6 addresses of beer suppliers, distributors in Ho Chi Minh City
The above is the latest 2024 food supply contract template compiled from reputable legal websites in the country. Hopefully, the article provides you with useful information. Don’t forget to follow Kamereo’s Business Tips section for the latest market information.