The Vendor Supplier Agreement serves as a foundational document for establishing and maintaining commercial supply relationships under Swiss law. This agreement is essential when a company needs to formalize its relationship with suppliers of goods or services, whether for regular procurement of materials, components, or ongoing services. The document addresses critical aspects such as ordering processes, quality requirements, delivery terms, and payment conditions, while ensuring compliance with Swiss legal requirements, particularly the Swiss Code of Obligations. A well-structured Vendor Supplier Agreement is crucial for risk management, setting clear expectations, and maintaining smooth supply chain operations. It's particularly important in regulated industries or when dealing with critical suppliers, and can be customized to address specific industry requirements while maintaining its core legal framework under Swiss jurisdiction.
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1. Parties: Identification of the contracting parties including full legal names, addresses, and registration details
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. Scope of Supply: Detailed description of goods/services to be provided, including specifications and standards
5. Ordering Process: Procedures for placing and accepting orders, including lead times and minimum orders
6. Delivery Terms: Delivery requirements, timelines, and Incoterms where applicable
7. Price and Payment: Pricing structure, payment terms, invoicing procedures, and currency specifications
8. Quality Requirements: Quality standards, inspection rights, and quality assurance processes
9. Warranties: Warranties regarding goods/services, including quality, fitness for purpose, and compliance with laws
10. Liability and Indemnification: Allocation of risks, limitation of liability, and indemnification obligations
11. Term and Termination: Duration of agreement, renewal terms, and termination rights
12. Confidentiality: Protection of confidential information and trade secrets
13. Force Majeure: Events excusing performance and related procedures
14. Governing Law and Jurisdiction: Swiss law as governing law and jurisdiction for dispute resolution
15. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments
1. Insurance: Insurance requirements when specific coverage needs to be maintained
2. Intellectual Property Rights: IP ownership and licenses when IP is created or transferred
3. Data Protection: Compliance with FADP when personal data processing is involved
4. Environmental Compliance: Environmental standards and requirements for environmentally sensitive supplies
5. Business Continuity: Business continuity requirements for critical suppliers
6. Compliance with Laws: Specific compliance obligations beyond standard requirements
7. Key Performance Indicators: Performance metrics and measurement when specific service levels are required
8. Sub-contractors: Rules regarding use of sub-contractors when relevant to the supply
9. Export Control: Export control provisions for international trade
10. Corporate Social Responsibility: CSR requirements when part of company policy
1. Schedule 1 - Goods/Services Specification: Detailed technical specifications of goods or services
2. Schedule 2 - Pricing Schedule: Detailed pricing information, including volume discounts and price review mechanisms
3. Schedule 3 - Service Levels: Specific service levels and performance metrics if applicable
4. Schedule 4 - Key Contacts: Contact details for key personnel from both parties
5. Schedule 5 - Order Form Template: Standard form for placing orders under the agreement
6. Schedule 6 - Quality Standards: Detailed quality requirements and testing procedures
7. Schedule 7 - Locations: Delivery locations and specific requirements for each
8. Appendix A - Insurance Requirements: Detailed insurance requirements and minimum coverage levels
9. Appendix B - Technical Requirements: Additional technical specifications or requirements
10. Appendix C - Compliance Checklist: Checklist of regulatory and compliance requirements
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