The Agreement to Sell is a fundamental commercial document used to formalize sales transactions under Swiss law. It is particularly suitable for both domestic and international sales of goods, assets, or property, where at least one party is subject to Swiss jurisdiction or the parties have chosen Swiss law to govern their transaction. This document type is structured to comply with the requirements of the Swiss Code of Obligations and, where applicable, international sales conventions. The Agreement to Sell includes essential provisions regarding the object of sale, price, payment terms, delivery conditions, warranties, and risk transfer, while also addressing specific Swiss legal requirements for contract formation and enforcement. It can be customized for various transaction types, from simple goods sales to complex asset transfers, and can incorporate additional provisions for specific regulatory requirements or industry standards.
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1. Parties: Identification and details of the seller and buyer, including full legal names, addresses, and registration numbers if applicable
2. Background: Context of the sale and brief description of the parties' intention to enter into the sale transaction
3. Definitions: Definitions of key terms used throughout the agreement
4. Object of Sale: Detailed description of the item(s) being sold, including specifications, condition, and quantity
5. Purchase Price: The agreed purchase price, currency, and payment terms
6. Transfer of Ownership: Terms regarding the transfer of title and risk from seller to buyer
7. Delivery: Delivery terms, timing, location, and responsibilities of each party
8. Warranties and Representations: Warranties provided by the seller regarding the object of sale
9. Defects and Liability: Provisions regarding defects, inspection rights, and liability limitations as per Swiss law
10. Termination: Circumstances under which the agreement can be terminated and consequences
11. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction for disputes
12. Signatures: Execution block for parties' signatures, date, and place
1. Installment Payments: Details of payment schedule when price is paid in installments
2. Security Interests: Provisions for any security interests or retention of title arrangements
3. Insurance: Requirements for insurance during transit or until full payment
4. Intellectual Property: For sales involving IP rights or licensed products
5. Confidentiality: Non-disclosure obligations regarding the transaction
6. Force Majeure: Provisions for unforeseen circumstances affecting performance
7. Assignment: Rights and restrictions regarding assignment of the agreement
8. Regulatory Compliance: Specific regulatory requirements for regulated products or industries
1. Schedule 1 - Product Specification: Detailed technical specifications or description of the sale object
2. Schedule 2 - Payment Schedule: Detailed payment terms and installment schedule if applicable
3. Schedule 3 - Delivery Schedule: Detailed delivery timeline and logistics requirements
4. Schedule 4 - Condition Report: Current condition of the sale object, particularly for used items
5. Schedule 5 - Required Documents: List of documents to be provided (certificates, warranties, manuals)
6. Appendix A - Photographs: Visual documentation of the sale object
7. Appendix B - Certificates: Copies of relevant certificates or permits
Relevant legal definitions
Agreement
Applicable Law
Business Day
Closing
Closing Date
Confidential Information
Consideration
Delivery
Delivery Date
Deposit
Effective Date
Encumbrance
Force Majeure Event
Goods
Intellectual Property Rights
Loss
Material Adverse Change
Object of Sale
Party/Parties
Purchase Price
Representatives
Sale
Seller's Warranties
Specifications
Swiss Francs/CHF
Term
Territory
Third Party
Title
Transfer Date
Warranties
Working Hours
Applicable Law
Business Day
Closing
Closing Date
Confidential Information
Consideration
Delivery
Delivery Date
Deposit
Effective Date
Encumbrance
Force Majeure Event
Goods
Intellectual Property Rights
Loss
Material Adverse Change
Object of Sale
Party/Parties
Purchase Price
Representatives
Sale
Seller's Warranties
Specifications
Swiss Francs/CHF
Term
Territory
Third Party
Title
Transfer Date
Warranties
Working Hours
Clauses
Parties
Recitals
Definitions
Sale and Purchase
Purchase Price
Payment Terms
Delivery
Transfer of Title
Transfer of Risk
Warranties and Representations
Condition of Goods
Inspection Rights
Defects
Liability
Insurance
Security Interest
Force Majeure
Default
Remedies
Termination
Assignment
Notices
Confidentiality
Data Protection
Costs and Expenses
Amendment
Severability
Entire Agreement
Waiver
Further Assurance
Counterparts
Governing Law
Jurisdiction
Dispute Resolution
Language
Recitals
Definitions
Sale and Purchase
Purchase Price
Payment Terms
Delivery
Transfer of Title
Transfer of Risk
Warranties and Representations
Condition of Goods
Inspection Rights
Defects
Liability
Insurance
Security Interest
Force Majeure
Default
Remedies
Termination
Assignment
Notices
Confidentiality
Data Protection
Costs and Expenses
Amendment
Severability
Entire Agreement
Waiver
Further Assurance
Counterparts
Governing Law
Jurisdiction
Dispute Resolution
Language
Relevant Industries
Retail
Manufacturing
Real Estate
Technology
Industrial Equipment
Consumer Goods
Automotive
Agriculture
Luxury Goods
Construction
Energy
Pharmaceuticals
Art and Collectibles
Relevant Teams
Legal
Sales
Procurement
Finance
Commercial
Operations
Compliance
Risk Management
Supply Chain
Business Development
Contract Management
Relevant Roles
Legal Counsel
Sales Manager
Procurement Manager
Contract Administrator
Business Development Manager
Commercial Director
Chief Financial Officer
Risk Manager
Compliance Officer
General Counsel
Operations Manager
Supply Chain Manager
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