The Commercial Sale Contract is a fundamental business document used for transactions between commercial entities under Swiss jurisdiction. It is particularly suited for business-to-business sales of goods, whether domestic or international, and must comply with the Swiss Code of Obligations and related commercial laws. This contract type is essential when businesses need to formalize sales arrangements with clear terms on pricing, delivery, quality standards, and risk allocation. The document typically includes provisions for warranties, liability limitations, and dispute resolution mechanisms, all structured to align with Swiss legal requirements. It's especially relevant for transactions involving substantial value or recurring business relationships where detailed terms need to be clearly documented.
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1. Parties: Identification and details of the seller and buyer, including full legal names, registration numbers, and addresses
2. Background: Context of the sale and brief description of the business relationship
3. Definitions: Key terms used throughout the agreement, ensuring consistent interpretation
4. Subject Matter of Sale: Clear identification and description of the goods being sold
5. Purchase Price: Price, currency, and payment terms including payment schedule and method
6. Delivery Terms: Delivery schedule, location, and conditions (including Incoterms if applicable)
7. Transfer of Title and Risk: Specific moment when ownership and risk transfer from seller to buyer
8. Warranties and Representations: Quality guarantees and statements about the goods' condition and conformity
9. Inspection and Acceptance: Procedures and timeframes for examining goods and accepting or rejecting delivery
10. Limitation of Liability: Extent and limitations of each party's liability under the contract
11. Force Majeure: Circumstances excusing performance and related procedures
12. Termination: Grounds and procedures for contract termination
13. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction for disputes
14. Notices: How formal communications between parties should be made and delivered
15. Entire Agreement: Integration clause confirming the contract represents the complete agreement
1. Intellectual Property Rights: Include when the sale involves goods with IP components or licensing requirements
2. Confidentiality: Add when sensitive information will be exchanged during the transaction
3. Insurance: Include when specific insurance requirements are needed for high-value or high-risk goods
4. Export/Import Controls: Required for international sales or goods subject to trade restrictions
5. Training and Support: Include when the seller must provide training or ongoing support for the goods
6. Spare Parts and Maintenance: Add for technical equipment or machinery requiring ongoing maintenance
7. Quality Control: Include for goods requiring specific quality standards or certifications
8. Return Policy: Add when specific return or exchange terms are necessary
9. Data Protection: Include when personal data processing is involved in the transaction
1. Technical Specifications: Detailed technical description of the goods, including dimensions, materials, and performance requirements
2. Price List: Detailed breakdown of prices for different items or variations of the goods
3. Delivery Schedule: Detailed timeline for multiple deliveries or complex logistics arrangements
4. Quality Standards: Specific quality requirements, testing procedures, and acceptance criteria
5. Warranty Terms: Detailed warranty conditions, claim procedures, and exclusions
6. After-Sales Service Terms: Details of maintenance, support, and spare parts provisions
7. Form of Acceptance Certificate: Template for formal acceptance of delivered goods
8. Insurance Requirements: Detailed insurance specifications and coverage requirements
Authors
Relevant legal definitions
Clauses
Relevant Industries
Manufacturing
Retail
Wholesale Trade
Technology
Industrial Equipment
Consumer Goods
Automotive
Electronics
Chemical
Pharmaceutical
Food and Beverage
Textile
Construction Materials
Agriculture
Medical Equipment
Relevant Teams
Legal
Procurement
Sales
Commercial
Operations
Supply Chain
Compliance
International Trade
Finance
Risk Management
Business Development
Relevant Roles
Legal Counsel
Commercial Director
Procurement Manager
Sales Manager
Contract Manager
Business Development Manager
Supply Chain Manager
Operations Director
Chief Commercial Officer
Compliance Officer
Import/Export Manager
Trading Manager
Purchase Officer
Legal Director
General Counsel
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