Answer by LegalEagle™ staff, New Farm 4005 QLD

• A mining services contract should specify the agreed commercial terms and conditions of the arrangement. All contracts should specify the legal names of the parties and the contract term. Most contracts also include standardized terms such as:
  • what law governs the contract in the event of a dispute;
  • a dispute resolution process that parties must follow before they can litigate
  • the ability for any party to assign their rights and interests in the contract to another party; and
  • the ability for parties to sign in counterpart which allow different parties to sign copies of the same contract and the different pages form the one document.
• The maters that might be addressed in a mining services agreement include:
  • date of agreement;
  • full names of parties;
  • a summary of what the contract is about;
  • supply and purchase of services;
  • delivery arrangements and delivery obligations including:
    • record keeping;
    • title;
    • risk; and
    • warranties;
  • supplier obligations such as:
    • license to carry on business;
    • packaging fitness for purpose; and
    • insurance;
  • pricing and adjustments;
  • OH&S;
  • termination and variation;
  • notices;
  • transport insurance and liability limitation;
  • review meetings;
  • subcontracting;
  • amendments and how are variations made;
  • assignment;
  • no waiver;
  • prohibition on bribery;
  • governing law and disputes;
  • party acknowledgments;
  • confidentiality;
  • relevant codes that govern product and services; and
  • definitions and interpretation.