CLAUSE GROUP ONE (1) - CLAUSES APPLICABLE TO COMMERCIAL ITEM 2025

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Commercial clauses are those operative provisions in business agreements which set out the balance of commercial risk agreed between the parties when fulfilling their primary obligations under the contract. They may be common to a wide variety of commercial contracts, but they are not considered to be boilerplate.
Examples of commercial contracts For example, your business entered a software license agreement with the vendors of all the software you use in your organization. Other examples of commercial contracts include: Joint venture agreement.
Commercial terms are the provisions in a contract that relate to the business aspects of the transaction, such as the scope of work, the deliverables, the payment terms, and the performance standards. Commercial terms are usually negotiated by the parties and are based on their business objectives and expectations.
These include indemnification, limit of liability, copyright, use restrictions, and more. Without these clauses, the parties may be exposed to unnecessary risks, since they may not have the legal rights to resolve certain issues if disputes arise.
The Commercial Conditions of Contract relate to pricing, delivery, licence terms, indemnity etc. Some conditions require information to be inserted or options to be selected depending on the subject matter of the contract, for example those relating to levels of liability, contract extension periods etc.

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Commercial items may include the following: Products, other than real property, that have been offered for sale, lease, or license to the general public. Possible indications that an item is commercial are a commercial sales history, listing in catalogs or brochures, an established price, and distributors.
Items that are available to the general public that have minor modifications are also considered commercial items. Services such as installation, maintenance, repair, and training are also commercial items if they are offered to the general public or used in support of a commercial item.
The contracting officer shall use firm-fixed-price or fixed-price with economic price adjustment contracts when acquiring commercial products and commercial services, except as provided in 12.207(b). (b) Time-and-materials contracts and labor-hour contracts are not fixed-price contracts.

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