The Basic Sales Contract is a fundamental legal instrument used to formalize sales transactions under Dutch law. This template is particularly suitable for businesses and individuals engaging in straightforward sales of goods, whether for single transactions or ongoing supply relationships. The document incorporates essential elements required by Dutch legislation, particularly the Burgerlijk Wetboek (Dutch Civil Code), and can be adapted for various commercial contexts. It includes core provisions for price, delivery, transfer of title, and basic warranties, while allowing for customization based on specific transaction needs. This Basic Sales Contract is designed to provide adequate protection for both parties while maintaining simplicity and clarity in its terms. It's particularly useful for domestic Dutch transactions but can also be adapted for international sales involving Dutch entities.
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1. Parties: Identification and details of the seller and buyer, including registered addresses and company registration numbers
2. Background: Brief context of the sale and the parties' intentions
3. Definitions: Definitions of key terms used throughout the agreement
4. Subject Matter of Sale: Clear description of the goods being sold, including quantity and specifications
5. Purchase Price: Price, currency, and payment terms including VAT status
6. Delivery: Delivery terms, timing, and location, including transfer of risk
7. Title and Risk: Provisions regarding transfer of ownership and risk in the goods
8. Warranties: Standard warranties regarding the goods' quality and conformity with specifications
9. Liability: Limitations and extent of liability for both parties
10. Term and Termination: Duration of the agreement and circumstances for termination
11. Governing Law and Jurisdiction: Confirmation of Dutch law application and jurisdiction
12. Signatures: Execution blocks for both parties
1. Intellectual Property Rights: Include when the goods involve IP rights or licenses
2. Confidentiality: Include when sensitive information will be exchanged
3. Force Majeure: Include when specific provisions for unforeseen circumstances are needed
4. Insurance: Include when specific insurance requirements are necessary
5. Quality Control: Include when specific quality standards or inspection procedures are required
6. Return Policy: Include when dealing with consumer sales or specific return arrangements
7. Compliance with Laws: Include when specific regulatory compliance needs to be addressed
8. Data Protection: Include when personal data processing is involved
1. Schedule 1 - Product Specifications: Detailed technical specifications of the goods
2. Schedule 2 - Pricing Schedule: Detailed breakdown of prices if multiple items or pricing tiers exist
3. Schedule 3 - Delivery Schedule: Detailed delivery timelines and locations if multiple deliveries are planned
4. Appendix A - Quality Standards: Specific quality requirements and standards to be met
5. Appendix B - Warranty Terms: Detailed warranty terms and conditions if extensive
6. Appendix C - Return Procedures: Detailed procedures for returns and claims if applicable
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