The Private Sale Contract is a fundamental legal document used in Indonesian commercial transactions to formalize the sale and purchase of goods or property between private parties. This document is essential when conducting private sales in Indonesia, whether for movable goods, equipment, or other assets. It ensures compliance with the Indonesian Civil Code (KUHPer) and relevant consumer protection laws while providing a clear framework for the transaction. The contract typically includes detailed specifications of the sale object, price terms, payment conditions, warranties, and transfer of ownership provisions. It's particularly important for maintaining clear records of the transaction, protecting both parties' interests, and ensuring legal enforceability under Indonesian jurisdiction. The document is commonly used in both business-to-business and business-to-consumer contexts, providing a structured approach to private sales transactions.
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1. Parties: Identification and details of the seller and buyer, including full legal names, addresses, and identity card numbers (KTP)
2. Background: Context of the sale and brief description of the parties' intention to enter into the sale transaction
3. Definitions: Key terms used throughout the agreement defined for clarity and consistency
4. Object of Sale: Detailed description of the item(s) being sold, including specific characteristics, condition, and quantity
5. Purchase Price: Agreed price, payment terms, method of payment, and payment schedule if applicable
6. Transfer of Ownership: Terms and process for transferring ownership and possession of the object
7. Representations and Warranties: Seller's guarantees regarding ownership, condition, and quality of the object
8. Risk and Insurance: Allocation of risk and responsibility for the object during transfer
9. Governing Law: Specification of Indonesian law as governing law and jurisdiction
10. Dispute Resolution: Process for resolving any disputes arising from the agreement
11. Execution: Signature blocks and formal closing of the agreement
1. Conditions Precedent: Required when the sale is subject to specific conditions being met before completion
2. Intellectual Property Rights: Needed when the sale involves items with associated intellectual property
3. Confidentiality: Include when sensitive information is exchanged during the transaction
4. Tax Provisions: Required for high-value transactions or when specific tax arrangements are needed
5. Force Majeure: Include when additional protection against unforeseen events is desired
6. Assignment Rights: Include when transfer of rights under the contract needs to be addressed
7. Installment Terms: Required when payment is to be made in installments
1. Schedule 1 - Object Description: Detailed technical specifications, photographs, or documentation of the sale object
2. Schedule 2 - Payment Schedule: Detailed breakdown of payment installments and dates if applicable
3. Schedule 3 - Delivery Terms: Specific arrangements for delivery or collection of the object
4. Appendix A - Condition Report: Detailed report on the current condition of the object being sold
5. Appendix B - Title Documents: Copies of relevant ownership documents and certificates
6. Appendix C - Compliance Certificates: Any required regulatory or compliance certificates for the object
Relevant legal definitions
Clauses
Relevant Industries
Retail
Manufacturing
Real Estate
Automotive
Consumer Goods
Agriculture
Technology
Industrial Equipment
Art and Collectibles
Construction
Small and Medium Enterprises
Relevant Teams
Legal
Procurement
Sales
Commercial
Operations
Compliance
Business Development
Asset Management
Administration
Relevant Roles
Business Owner
Procurement Manager
Legal Counsel
Sales Manager
Contract Administrator
Commercial Director
Property Manager
Business Development Manager
Operations Manager
Compliance Officer
General Manager
Asset Manager
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