The Goods Purchase Agreement serves as a fundamental commercial contract for businesses operating in Indonesia, whether domestic or international. It is typically used when parties need to establish a clear legal framework for the purchase and sale of goods, ensuring compliance with Indonesian regulations including the Civil Code, Commercial Code, and Trade Law. This agreement is essential for transactions requiring detailed terms on specifications, quality standards, delivery requirements, and warranty provisions. It can be adapted for various industries and transaction values, incorporating necessary protections for both buyers and sellers while addressing specific requirements of Indonesian commercial law.
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1. Parties: Identifies the seller and buyer with their complete legal names, registration numbers, and addresses
2. Background: Sets out the context of the agreement and basic intention of the parties to enter into a goods purchase arrangement
3. Definitions: Defines key terms used throughout the agreement for clarity and consistency
4. Scope of Supply: Details the goods to be supplied, including specifications, quantities, and quality requirements
5. Price and Payment: Specifies the purchase price, payment terms, method of payment, and currency
6. Delivery: States delivery terms, timeline, location, and Incoterms (if applicable)
7. Title and Risk: Specifies when ownership and risk in the goods transfers from seller to buyer
8. Inspection and Acceptance: Details the process for inspecting goods and accepting or rejecting deliveries
9. Warranties: Sets out seller's warranties regarding the goods' quality, condition, and fitness for purpose
10. Liability and Indemnity: Defines the parties' liability and indemnification obligations
11. Force Majeure: Addresses circumstances beyond parties' control that may affect performance
12. Termination: Specifies conditions under which the agreement can be terminated
13. Governing Law: Confirms Indonesian law as governing law and specifies dispute resolution mechanism
14. General Provisions: Contains standard boilerplate clauses including notices, amendments, and entire agreement
1. Intellectual Property: Required when goods involve IP rights, patents, or proprietary technology
2. Confidentiality: Needed when sensitive information will be exchanged during the transaction
3. Insurance: Important for high-value goods or when specific insurance requirements exist
4. Import/Export: Required for international transactions involving customs and trade regulations
5. Quality Assurance: Needed for goods requiring specific quality standards or certification
6. After-Sales Support: Important for technical equipment or goods requiring maintenance
7. Performance Bond: Required when security for performance is needed
8. Anti-Corruption: Important for high-value transactions or government-related purchases
1. Schedule 1 - Specification of Goods: Detailed technical specifications, drawings, or descriptions of the goods
2. Schedule 2 - Pricing Schedule: Detailed breakdown of prices, including unit prices and volume discounts if applicable
3. Schedule 3 - Delivery Schedule: Detailed delivery timeline and milestones
4. Schedule 4 - Quality Standards: Specific quality requirements, testing procedures, and acceptance criteria
5. Schedule 5 - Warranty Terms: Detailed warranty terms, conditions, and claim procedures
6. Schedule 6 - After-Sales Support: Details of maintenance, spare parts, and support services if applicable
7. Appendix A - Required Documents: List of documents required for delivery and acceptance
8. Appendix B - Form of Purchase Order: Standard form for issuing purchase orders under the agreement
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