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What clauses are essential in a South African B2B Master Services Agreement for manufacturing, cnc in Germiston?

We provide recurring manufacturing, cnc services to mid-market companies in Germiston. Several clients want 60-day payment terms while our staff costs are monthly. How do we protect our cash flow and IP in our standard SLA?

Gavin Rutherford◆ 48asked 06 Sept

5 answers

  1. ✓ Accepted by the asker

    Taryn C.◆ 115Trusted voiceon Legal Services06 Sept
    Great list from @robyn_bryanston. Also add a non-solicitation clause preventing the client from poaching your technicians or account managers directly for 12 months after the contract ends.
  2. Robyn◆ 140Trusted voiceon Skills Development06 Sept
    @gavin_rutherford make sure your SLA includes four non-negotiable clauses under South African law: (1) IP and work-product ownership only transfers upon full and final settlement of the invoice, (2) an explicit right to suspend services on 7 days written notice if an account is overdue, (3) interest on overdue amounts at prime plus 2%, and (4) consent to Magistrate's Court jurisdiction for fast debt recovery.
  3. Anri◆ 100Trusted voiceon Bookkeeping Services06 Sept
    Agree with @robyn_bryanston and @tarync_gardens. For Germiston B2B contracts, also include a simple change-request annexure so any scope creep outside the monthly retainer triggers a pre-agreed hourly rate automatically.
  4. Ilse L.◆ 60Trusted voiceon Legal Services06 Sept
    @robyn_bryanston and @gavin_rutherford we implemented this exact setup in Germiston last quarter and it cut our monthly admin and reconciliation time in half.
  5. Gavin Rutherford◆ 48Contributoron Web Design06 Sept
    Thank you @robyn_bryanston and @tarync_gardens. That IP transfer-on-payment clause and the 7-day suspension right are going straight into our updated template.

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