The Product Supply Contract serves as a fundamental commercial agreement for businesses engaged in the regular supply of products in or from Switzerland. This document is essential when establishing a formal supply relationship between a supplier and a buyer, whether for finished goods, components, or raw materials. The contract, governed by Swiss law, particularly the Swiss Code of Obligations, defines critical elements including product specifications, quality requirements, delivery terms, pricing structures, and warranty provisions. It's particularly relevant for both domestic Swiss transactions and international trade relationships, incorporating necessary provisions for regulatory compliance, product safety, and quality assurance. The agreement is designed to provide clarity and certainty in commercial relationships while ensuring compliance with Swiss legal requirements and international trade standards where applicable.
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1. Parties: Identification and details of the supplier and buyer, including full legal names, registration numbers, and registered addresses
2. Background: Context of the agreement and brief description of the parties' business relationship
3. Definitions: Definitions of key terms used throughout the agreement
4. Product Specifications: Detailed description of the products to be supplied, including technical specifications and quality standards
5. Supply Obligations: Core obligations of the supplier, including production, packaging, and delivery commitments
6. Ordering Process: Procedures for placing and accepting orders, including minimum order quantities and lead times
7. Pricing and Payment: Product pricing, payment terms, invoicing procedures, and any price adjustment mechanisms
8. Delivery Terms: Delivery schedules, locations, Incoterms, and transfer of risk provisions
9. Quality Control: Quality assurance requirements, inspection rights, and acceptance/rejection procedures
10. Warranties: Product warranties and representations regarding quality, fitness for purpose, and compliance with specifications
11. Liability and Indemnification: Allocation of risks, limitation of liability, and indemnification obligations
12. Term and Termination: Duration of the agreement, renewal provisions, and termination rights
13. Force Majeure: Events excusing performance and procedures for handling force majeure situations
14. Confidentiality: Protection of confidential information exchanged during the business relationship
15. Governing Law and Jurisdiction: Specification of Swiss law as governing law and jurisdiction for dispute resolution
16. General Provisions: Standard boilerplate clauses including notices, amendments, and entire agreement provisions
1. Intellectual Property Rights: Include when the supply involves branded products, technology transfers, or licensing arrangements
2. Regulatory Compliance: Add when products are subject to specific regulatory requirements or industry standards
3. Exclusivity: Include when parties agree to exclusive supply or purchase arrangements
4. Insurance: Add when specific insurance requirements need to be maintained by either party
5. Environmental Compliance: Include for products with environmental impact or sustainability requirements
6. Data Protection: Add when personal data processing is involved in the supply relationship
7. Export Control: Include for international supply arrangements or controlled goods
8. Business Continuity: Add for critical supply relationships requiring disaster recovery plans
9. Change Control: Include when formal procedures for changes to specifications or processes are needed
1. Schedule 1 - Product Specifications: Detailed technical specifications, drawings, and performance requirements for each product
2. Schedule 2 - Pricing Schedule: Detailed pricing information, including volume discounts and price review mechanisms
3. Schedule 3 - Quality Standards: Specific quality requirements, testing procedures, and acceptance criteria
4. Schedule 4 - Service Levels: Performance metrics, delivery requirements, and associated penalties/rewards
5. Schedule 5 - Approved Manufacturing Facilities: List of approved production locations and any specific facility requirements
6. Schedule 6 - Key Contacts: Contact details for key personnel from both parties
7. Appendix A - Order Form Template: Standard form for placing orders under the agreement
8. Appendix B - Quality Control Procedures: Detailed procedures for quality testing and verification
9. Appendix C - Complaint Handling Procedure: Process for handling product quality issues and customer complaints
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