The Purchase Agreement For Machinery is a critical document used in Swiss business transactions involving the acquisition of industrial equipment and machinery. It is specifically designed to comply with Swiss federal laws, including the Swiss Code of Obligations, Product Safety Act, and Technical Barriers to Trade Act. This agreement is essential when companies need to document the purchase of significant industrial equipment, ensuring clear terms for specifications, delivery, testing, warranties, and compliance with Swiss technical standards. The document is particularly important given Switzerland's strict regulatory requirements for machinery safety and technical compliance, and it typically includes detailed provisions for acceptance testing, warranty coverage, and technical support. It's commonly used in manufacturing, industrial, and technical sectors where significant capital equipment purchases are made.
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1. Parties: Identification of buyer and seller with full legal names, registration numbers, and addresses
2. Background: Context of the purchase, brief description of the machinery, and purpose of the agreement
3. Definitions: Definitions of key terms used throughout the agreement
4. Subject Matter of Sale: Clear identification and description of the machinery being purchased
5. Purchase Price and Payment Terms: Price, payment schedule, method of payment, and any applicable taxes or duties
6. Delivery and Transfer of Risk: Delivery terms, timeline, location, and point at which risk transfers to buyer (incorporating Incoterms where applicable)
7. Technical Specifications and Compliance: Confirmation that machinery meets Swiss technical standards and safety requirements
8. Warranties and Representations: Standard warranties regarding machinery quality, performance, and compliance with Swiss law
9. Inspection and Acceptance: Procedures for testing, inspecting, and accepting the machinery
10. Title and Risk: Terms regarding transfer of ownership and risk
11. Intellectual Property Rights: Rights related to machinery technology, software, and documentation
12. Liability and Indemnification: Allocation of risks and responsibilities between parties
13. Force Majeure: Circumstances excusing performance and related procedures
14. Termination: Grounds and procedures for terminating the agreement
15. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction for disputes
16. Miscellaneous: Standard boilerplate provisions including notices, amendments, and entire agreement
1. Installation Services: Include when seller is responsible for installing the machinery
2. Training and Documentation: Include when seller will provide operational training and detailed documentation
3. Maintenance and Support: Include when ongoing maintenance services are part of the agreement
4. Spare Parts Supply: Include when specific arrangements for spare parts supply are needed
5. Environmental Compliance: Include for machinery with specific environmental impact considerations
6. Export/Import Requirements: Include for international sales requiring specific trade documentation
7. Insurance Requirements: Include when specific insurance coverage is required beyond standard terms
8. Performance Guarantees: Include when specific performance metrics are guaranteed
9. Security Interest: Include when seller retains security interest until full payment
10. Confidentiality: Include when sensitive technical information is involved
1. Technical Specifications: Detailed technical specifications, drawings, and performance parameters of the machinery
2. Pricing Schedule: Detailed breakdown of price components, including any optional features or services
3. Delivery Schedule: Detailed timeline for delivery, installation, and commissioning
4. Acceptance Test Procedures: Detailed procedures for testing and accepting the machinery
5. Warranty Terms: Detailed warranty terms, conditions, and procedures
6. Maintenance Schedule: Required maintenance procedures and schedules
7. Spare Parts List: List of recommended spare parts and their prices
8. Training Program: Details of any training to be provided
9. Compliance Certificates: Copies of required safety and compliance certificates
10. Insurance Certificates: Copies of required insurance certificates
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