The Initial Contract of Sale serves as the primary agreement for first-time sale transactions between parties under Indonesian law. This document is essential when establishing a new commercial relationship for the sale of goods, whether in domestic or international trade contexts. It comprehensively addresses all aspects of the sale transaction while ensuring compliance with Indonesian legal requirements, particularly the Civil Code (KUHPerdata) and Law No. 7 of 2014 on Trade. The contract is typically used when parties have not previously engaged in formal sales transactions together and need to establish detailed terms covering product specifications, pricing, delivery, warranties, and risk allocation. It forms the foundation for future transactions and often serves as a template for subsequent sales agreements between the same parties.
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1. Parties: Identification and details of the seller and buyer, including registration numbers and addresses
2. Background: Context of the sale and brief description of the transaction
3. Definitions: Definitions of key terms used throughout the agreement
4. Subject Matter of Sale: Detailed description of the goods being sold, including specifications and quantity
5. Purchase Price: The agreed price, currency, and any applicable taxes
6. Payment Terms: Payment schedule, method of payment, and any special conditions
7. Delivery Terms: Delivery schedule, location, and responsibilities of each party
8. Transfer of Title and Risk: When and how ownership and risk transfer from seller to buyer
9. Warranties and Representations: Seller's warranties regarding the goods and general representations of both parties
10. Inspection and Acceptance: Buyer's rights to inspect goods and process for acceptance or rejection
11. Termination: Circumstances under which the contract can be terminated and consequences
12. Force Majeure: Events excusing performance and procedures to follow
13. Governing Law: Confirmation of Indonesian law as governing law and jurisdiction
14. Dispute Resolution: Process for resolving disputes between parties
15. Notices: How formal communications between parties should be made
16. Execution: Signature blocks and execution requirements
1. Quality Assurance: Specific quality standards and testing procedures, used for technical or industrial goods
2. Insurance: Insurance requirements and responsibilities, important for high-value goods or international sales
3. Intellectual Property: IP rights and protections, needed when goods involve patents, trademarks, or copyrights
4. Confidentiality: Confidentiality obligations, important when sensitive information is shared
5. Export/Import Requirements: Specific requirements for international sales
6. After-Sales Service: Maintenance, support, or service obligations, relevant for technical equipment or machinery
7. Training: Training obligations for complex equipment or systems
8. Environmental Compliance: Environmental requirements and certifications, important for regulated industries
1. Schedule 1 - Product Specifications: Detailed technical specifications of the goods
2. Schedule 2 - Pricing Schedule: Detailed breakdown of prices, especially if multiple items or variable pricing
3. Schedule 3 - Delivery Schedule: Detailed delivery timeline and logistics information
4. Schedule 4 - Quality Standards: Specific quality requirements and testing procedures
5. Schedule 5 - Warranty Terms: Detailed warranty terms and procedures
6. Appendix A - Required Certifications: Copies of required certifications or permits
7. Appendix B - Technical Documentation: Technical drawings, manuals, or other supporting documentation
Authors
Relevant legal definitions
Clauses
Relevant Industries
Manufacturing
Retail
Wholesale
Agriculture
Mining
Technology
Consumer Goods
Industrial Equipment
Automotive
Construction
Electronics
Textiles
Food and Beverage
Pharmaceuticals
Chemical Industry
Energy
Relevant Teams
Legal
Sales
Procurement
Finance
Operations
Compliance
Supply Chain
Commercial
Business Development
Risk Management
Contract Administration
Relevant Roles
Sales Manager
Procurement Manager
Legal Counsel
Commercial Director
Supply Chain Manager
Contract Administrator
Business Development Manager
Chief Financial Officer
Operations Manager
Compliance Officer
General Manager
Managing Director
Purchase Officer
Sales Director
Legal Manager
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