Hotel Supplier Agreement
Hotel Supplier Agreement
This Agreement is made as of [Month Day, Year], by and between [Your Company Name], a [Your Company Type] organized and existing under the laws of [Your State/Country], with its principal office located at [Your Company Address] ("Hotel"), and [Your Supplier Name], a [Supplier Company Type] organized and existing under the laws of [Supplier's State/Country], with its principal office located at [Supplier Company Address] ("Supplier").
WHEREAS, the Hotel seeks to secure a reliable supply of linen, cleaning supplies, food and beverage items, maintenance tools, and guest amenities, necessary for its day-to-day operations;
WHEREAS, the Supplier is engaged in the business of providing linen, cleaning supplies, food and beverage items, maintenance tools, and guest amenities and has agreed to supply these goods/services to the Hotel;
WHEREAS, both parties desire to enter into an agreement to set forth the terms and conditions under which these goods and services will be provided;
NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereto agree as follows:
1. Scope of Agreement
1.1 Supply and Purchase Commitment
The Supplier agrees to supply, and the Hotel agrees to purchase, a comprehensive range of goods and services critical to the Hotel's daily operations, adhering strictly to the terms and conditions outlined in this Agreement. The specified scope of goods and services includes:
-
Linen: This category encompasses all bedding, towels, tablecloths, and napkins necessary for guest rooms, dining areas, and banquet services. The linen must meet the high-quality standards required for luxury guest experiences, including durability, fabric quality, and hypoallergenic properties.
-
Cleaning Supplies: Essential for maintaining hygiene and cleanliness throughout the hotel, this includes industrial-grade cleaning agents, tools, and equipment. Products must be effective yet safe for use in environments frequented by guests and staff, aligning with the latest health and safety regulations.
-
Food and Beverage Items: A critical supply for the hotel's dining services, encompassing a range of perishable and non-perishable items. This includes, but is not limited to, fresh produce, meats, seafood, pantry staples, and specialty items that are required to fulfill the hotel's menu offerings. Supplier must ensure freshness, quality, and compliance with food safety standards.
-
Maintenance Tools: Tools and equipment necessary for the upkeep and repair of hotel facilities, including HVAC systems, plumbing, electrical systems, and general maintenance hardware. These tools are crucial for ensuring operational efficiency and safety within the hotel premises.
-
Guest Amenities: Items that enhance guest comfort and satisfaction, such as toiletries, bathrobes, slippers, and in-room entertainment options. These amenities should be of a quality that reflects the hotel’s branding and enhances the overall guest experience.
1.2 The Supplier is responsible for ensuring that all goods/services provided under this Agreement strictly conform to the quality standards, specifications, and any performance criteria set forth in Attachment A of this Agreement. These specifications will detail the requirements regarding quality, size, performance, and any other applicable standards to ensure the goods/services are suitable for the Hotel's needs.
2. Delivery and Acceptance
2.1 Delivery Commitments
The Supplier shall deliver the specified goods/services to [Location], which may include the main hotel premises, ancillary buildings, or specific storage facilities, on or before the stipulated deadline of [Date]. The delivery schedule will be coordinated with the Hotel's operations team to ensure minimal disruption to hotel activities. The Supplier is expected to provide advance notification of delivery dates and maintain flexibility to accommodate necessary adjustments to the delivery schedule as required by the Hotel.
2.2 Quality Inspection and Acceptance
Upon delivery, the Hotel's designated staff will inspect the goods/services within [Number] days to ensure they meet all agreed-upon specifications as detailed in the contract. This inspection will assess the quality, quantity, and performance of delivered items. In cases where the goods/services do not conform to the contractual agreements, the Hotel reserves the right to reject them. Following the inspection and acceptance, the Hotel will issue a formal acceptance notice, confirming the goods/services meet all requirements and standards.
3. Pricing and Payment Terms
3.1 Pricing Structure
The price for each category of goods/services is detailed in Attachment B, which includes comprehensive pricing terms such as unit costs, volume discounts, and any applicable taxes or fees. These prices have been agreed upon based on the expected quality and delivery service levels and will remain fixed throughout the term of the agreement unless changes are mutually agreed upon in writing due to unforeseen market conditions or significant changes in supply costs.
3.2 Payment Procedures
Payment will be rendered by the Hotel to the Supplier within [Number] days following the receipt of a detailed invoice after the formal acceptance of goods/services. The preferred method of payment will be outlined (e.g., bank transfer, credit), including any specific payment terms such as early payment discounts or penalties for late payment. This ensures a clear understanding and agreement on financial transactions and obligations between the parties.
4. Term and Termination
4.1 Contract Duration
This Agreement commences on the date first above written and is set to continue until [Date]. This period is established to provide stability and consistency in the supply chain but may be extended through mutual written agreement of both parties, contingent on satisfactory performance and ongoing business needs.
4.2 Termination Rights
Either party may terminate this Agreement upon providing [Number] days written notice to the other party. This termination clause is included to allow either party to exit the agreement under controlled and predictable conditions, which might be necessary due to a variety of business reasons including but not limited to significant breaches, inability to perform as specified, or major shifts in business focus.
5. Warranties and Representations
5.1 Supplier Guarantees
The Supplier warrants that all goods/services provided under this agreement will be free from defects in materials and craftsmanship and will conform precisely to the agreed-upon specifications for a period of [Warranty Period]. The Supplier's commitment covers any necessary repairs, replacements, or adjustments needed to ensure the goods/services fully meet the quality standards and functional requirements during the warranty period.
5.2 Hotel Assurances
The Hotel warrants that it possesses the legal right to enter this Agreement and that by doing so, it does not conflict with any other legal obligations or agreements to which it is a participant. This warranty protects both parties from potential legal disputes arising from overlapping contracts or unfulfilled statutory requirements, ensuring the agreement stands on firm legal ground.
6. Indemnification
6.1 Supplier’s Indemnity Obligations
The Supplier shall indemnify, defend, and hold the Hotel harmless from any claims, damages, losses, liabilities, and expenses, including reasonable attorneys’ fees, arising out of or related to any breach of this Agreement by the Supplier, including any claims of defective goods/services or failure to meet specified standards. This obligation covers any injuries or damages incurred by the Hotel’s guests or staff directly attributable to the Supplier’s goods/services. The Supplier’s duty to indemnify will remain in effect even after the termination of this Agreement for acts or omissions occurring during the term of the Agreement.
6.2 Hotel’s Indemnity Obligations
The Hotel agrees to indemnify, defend, and hold the Supplier harmless from any claims, damages, losses, liabilities, and expenses, including reasonable attorneys' fees, arising from any breach of this Agreement by the Hotel or from any negligent or wrongful acts committed by the Hotel's employees or agents. This protection includes any improper or unauthorized use of the supplied goods/services that results in injury or damage to third parties.
7. Confidentiality
7.1 Protection of Confidential Information
Each party agrees to treat all information exchanged under this Agreement as confidential, including business secrets, technical processes, and all other proprietary information disclosed during the term of the Agreement. Parties commit to restricting disclosure of such information solely to employees or agents who are bound by confidentiality obligations and who need to know such information to fulfill the purposes of this Agreement.
7.2 Duration of Confidentiality
The obligation to maintain confidentiality shall persist indefinitely beyond the termination or expiration of this Agreement, safeguarding all confidential information unless it becomes publicly known through no fault of the receiving party, or is disclosed in response to a valid order of a court or other governmental body.
8. General Provisions
8.1 Entire Agreement
This Agreement constitutes the entire agreement between the parties concerning its subject matter and supersedes all previous agreements, promises, proposals, representations, understandings, and negotiations, whether written or oral, between the parties regarding the subject matter herein. This clause ensures that all negotiations are encapsulated in this document, providing clarity and avoiding potential disputes about past communications.
8.2 Amendments to the Agreement
Any amendments to this Agreement must be made in writing and signed by duly authorized representatives of both parties. This requirement is intended to prevent misunderstandings or informal agreements from undermining the formal contract, ensuring that all changes are deliberated and documented officially.
IN WITNESS WHEREOF, the parties have executed this Agreement through their duly authorized representatives on the day and year first above written, affirming their commitment to adhere to its terms and to act in good faith towards one another throughout their partnership.
By:
[Your Name]
[Your Job Title]
[Your Company Name]
Date: [Month Day, Year]
By:
[Your Supplier Representative Name]
[Job Title]
[Your Supplier Name]
Date: [Month Day, Year]
