The As Is Contract For Sale And Purchase under Swiss law is a specialized agreement used when selling goods, assets, or property where the seller wishes to transfer the item in its current condition without providing extensive warranties. This document type is particularly relevant for second-hand goods, distressed assets, or situations where the buyer has thoroughly inspected the sale object and accepts any existing defects or issues. The contract must comply with Swiss legal requirements, particularly the Swiss Code of Obligations' provisions on sales contracts and warranty disclaimers. While the agreement limits seller liability, it must still meet mandatory Swiss consumer protection requirements where applicable. The document typically includes detailed descriptions of the asset's condition, known defects, and explicit buyer acknowledgments of the "as is" nature of the purchase.
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1. Parties: Identification and details of the seller and purchaser
2. Background: Context of the sale and brief description of the sale object
3. Definitions: Key terms used throughout the agreement
4. Object of Sale: Detailed description of the item(s) being sold in their current condition
5. Purchase Price and Payment Terms: Amount, currency, payment method, and payment schedule
6. As Is Condition and Disclaimer: Express declaration that the object is sold 'as is' with specific disclaimers
7. Transfer of Ownership and Risk: Timing and conditions for transfer of title and risk
8. Delivery: Delivery terms, timing, location, and responsibilities
9. Representations and Warranties: Limited representations by seller regarding ownership and capacity to sell
10. Buyer's Acknowledgments: Buyer's confirmation of inspection and acceptance of current condition
11. Governing Law and Jurisdiction: Specification of Swiss law and competent courts
12. Entire Agreement: Integration clause confirming complete agreement between parties
13. Execution: Signature blocks and execution details
1. Inspection Period: Used when buyer requires time to inspect the object before final acceptance
2. Intellectual Property Rights: Include when sale involves items with associated IP rights
3. Export/Import Requirements: Required for international sales or items requiring special permits
4. Insurance: Include when specific insurance requirements apply during transit or transfer
5. Confidentiality: Used when sale involves sensitive information or trade secrets
6. Force Majeure: Include for sales with delayed delivery or performance obligations
7. Third Party Rights: Include when third parties may have interests in the sale object
8. Tax Implications: Used when special tax considerations apply to the transaction
9. Environmental Compliance: Include for sales of items with environmental implications
10. Severability: Optional clause on partial invalidity of contract terms
1. Schedule 1 - Detailed Description: Comprehensive description of sale object including photos, specifications, and current condition
2. Schedule 2 - Known Defects: List of known issues, damages, or defects in the sale object
3. Schedule 3 - Delivery Details: Specific instructions for delivery, packaging, and handling
4. Schedule 4 - Payment Schedule: Detailed payment terms if involving multiple installments
5. Schedule 5 - Required Permits: Copies of relevant permits, licenses, or certificates
6. Appendix A - Inspection Report: Third-party inspection report or condition assessment if available
7. Appendix B - Historical Documentation: Maintenance records, previous ownership details, or relevant history
8. Appendix C - Technical Specifications: Original technical documentation or specifications
Relevant legal definitions
Clauses
Relevant Industries
Manufacturing
Industrial Equipment
Real Estate
Automotive
Technology
Agriculture
Construction
Retail
Art and Collectibles
Heavy Machinery
Maritime
Aviation
Commodities Trading
Renewable Energy
Mining
Relevant Teams
Legal
Procurement
Sales
Commercial
Operations
Risk Management
Finance
Compliance
Due Diligence
Asset Management
Business Development
Relevant Roles
Legal Counsel
Contract Manager
Procurement Manager
Sales Director
Business Development Manager
Asset Manager
Property Manager
Operations Director
Commercial Director
Risk Manager
Compliance Officer
Chief Financial Officer
General Counsel
Transaction Manager
Due Diligence Specialist
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