There is no specific format that a contract must follow. Generally it will include some terms, either expressed or implied, that will form the basis of the agreement. These terms may outline contract conditions or contract warranties.
Contract conditions are fundamental to the agreement. If the contract conditions are not met it is possible to terminate the contract and seek compensation or damages.
Contract warranties are less important terms and not fundamental to the agreement. You cannot terminate a contract if the warranties are not fulfilled, however, you may be able to seek compensation for any losses incurred.
When negotiating the contract terms make sure the conditions of the contract are clearly defined and agreed to by all parties.
Contracts may follow a structure that can include, but are not limited to, the following items:
- details of the parties to the contract, including any sub-contracting arrangements
- duration or period of the contract
- definitions of key terms used within the contract
- a description of the goods and/or services that your business will receive or provide, including key deliverables
- payment details and dates, including whether interest will be applied to late payments
- key dates and milestones
- required insurance and indemnity provisions
- guarantee provisions, including director’s guarantees
- damages or penalty provisions
- renegotiation or renewal options
- complaints and dispute resolution process
- termination conditions
- special conditions