The Seller and Buyer Agreement is a fundamental commercial document used to formalize sales transactions under Swiss law. It is essential for businesses and individuals engaging in the purchase and sale of goods or assets, whether in domestic or international contexts. The agreement draws its legal framework from the Swiss Code of Obligations and related commercial laws, providing a robust structure for sales transactions. This document is particularly valuable in Switzerland's business environment, where international trade is common and legal certainty is paramount. The agreement includes comprehensive provisions covering price, delivery, warranties, risk transfer, and dispute resolution, making it suitable for various transaction types, from standard commercial sales to complex international deals. The document can be adapted to different sectors and transaction sizes while maintaining compliance with Swiss legal requirements.
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1. Parties: Identification and details of the seller and buyer, including full legal names, addresses, and registration details if companies
2. Background: Context of the sale and brief description of the parties' intentions
3. Definitions: Definitions of key terms used throughout the agreement
4. Sale Object: Detailed description of the goods or assets being sold
5. Purchase Price: Price, currency, and payment terms including payment schedule if applicable
6. Delivery: Delivery terms, timing, location, and transfer of risk
7. Title and Risk: Provisions regarding transfer of ownership and risk in the goods
8. Warranties and Representations: Warranties given by both parties, especially seller's warranties regarding the sale object
9. Inspection and Acceptance: Procedures for inspecting goods and accepting or rejecting delivery
10. Remedies for Breach: Rights and remedies available to parties in case of breach
11. Force Majeure: Provisions for unforeseen circumstances preventing performance
12. Termination: Circumstances under which the agreement can be terminated
13. Governing Law and Jurisdiction: Specification of Swiss law as governing law and jurisdiction for disputes
14. Miscellaneous: Standard boilerplate provisions including notices, amendments, and severability
1. International Sales Provisions: Required when the sale involves cross-border elements, including CISG applicability or exclusion
2. Installment Payment Terms: Detailed payment structure when the purchase price is paid in installments
3. Security Interests: Required when the seller retains security interest until full payment
4. Intellectual Property: Necessary when the sale involves items with intellectual property rights
5. Confidentiality: Required when sensitive information is exchanged during the transaction
6. Insurance: Specific insurance requirements for high-value items or during transit
7. Assignment Rights: Provisions regarding the right to assign the agreement to third parties
8. Data Protection: Required when personal data processing is involved in the transaction
1. Technical Specifications: Detailed technical specifications of the sale object
2. Delivery Schedule: Detailed timeline and logistics for delivery if complex or multiple deliveries
3. Price List: Detailed pricing information, especially for multiple items or variable pricing
4. Quality Standards: Specific quality requirements and standards to be met
5. Inspection Procedures: Detailed procedures for inspection and acceptance testing
6. Warranty Terms: Detailed warranty terms and claim procedures
7. Payment Schedule: Detailed payment terms and installment schedule if applicable
8. Required Certifications: Copies of required certificates, permits, or authorizations
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