The Sale and Agreement to Sell document is a versatile legal instrument used in Indonesian commercial transactions, designed to accommodate both immediate sales and future sale commitments. It finds application in various scenarios, from simple goods transactions to complex asset transfers, and can be customized for both B2B and B2C contexts. The document ensures compliance with Indonesian Civil Code requirements, consumer protection laws, and specific industry regulations. It includes comprehensive provisions for price, payment terms, delivery conditions, warranties, and risk transfer, making it suitable for both domestic and international transactions. This template is particularly valuable when parties need to document both immediate transfer of goods and future sale commitments within the same agreement, while ensuring alignment with Indonesian legal requirements and commercial practices.
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1. Parties: Identification of seller and buyer with complete legal names and addresses
2. Background: Context of the transaction and relationship between parties
3. Definitions: Definitions of key terms used throughout the agreement
4. Subject Matter of Sale: Detailed description of goods/property being sold
5. Purchase Price: Price, payment terms, and payment method
6. Timing of Transfer: Specified date or conditions for transfer of ownership
7. Delivery Terms: Delivery method, timing, and location
8. Risk and Title: When and how risk and ownership transfers from seller to buyer
9. Seller's Warranties: Warranties regarding ownership, quality, and condition of goods
10. Buyer's Obligations: Duties of the buyer including payment and acceptance obligations
11. Default and Remedies: Consequences of breach by either party
12. Force Majeure: Provisions for unforeseen circumstances preventing performance
13. Governing Law: Confirmation of Indonesian law as governing law
14. Dispute Resolution: Process for resolving disputes
15. Execution: Signature blocks and execution requirements
1. Condition Precedents: Conditions that must be met before the sale becomes effective - used for complex transactions
2. Quality Inspection: Procedures for quality inspection - relevant for goods requiring testing or verification
3. Insurance: Insurance requirements - important for high-value goods or during transit
4. Intellectual Property: IP rights provisions - needed when sale involves branded goods or technology
5. Confidentiality: Confidentiality obligations - important for business sales or sensitive transactions
6. Tax Provisions: Specific tax arrangements - relevant for high-value transactions or international sales
7. Registration Requirements: Required for sales of registered assets like land or vehicles
8. Export/Import Provisions: Required for international sales
9. Assignment Rights: Rights to assign the contract - important for business transactions
1. Schedule 1 - Asset Description: Detailed technical specifications or description of assets being sold
2. Schedule 2 - Price Breakdown: Detailed breakdown of purchase price components
3. Schedule 3 - Payment Schedule: Payment installments and timing if not immediate payment
4. Schedule 4 - Delivery Schedule: Detailed delivery timeline and requirements
5. Schedule 5 - Required Documents: List of documents required for transfer of ownership
6. Appendix A - Condition Report: Current condition of goods (if applicable)
7. Appendix B - Compliance Certificates: Relevant certificates and compliance documents
8. Appendix C - Transfer Forms: Standard forms required for transfer of ownership
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