The Commercial Sales Contract serves as the primary legal instrument for documenting and governing business-to-business sales transactions in Switzerland. It is essential for transactions involving the sale of goods between commercial entities, whether domestic or international. The document is structured to comply with Swiss law, particularly the Swiss Code of Obligations, while potentially incorporating international trade elements when relevant. This contract type is crucial for establishing clear terms regarding product specifications, pricing, delivery, warranties, and risk allocation. It's particularly important for transactions requiring detailed documentation of obligations, quality standards, and compliance requirements. The document should be tailored to specific industry needs while maintaining compliance with Swiss commercial law principles and regulatory requirements.
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1. Parties: Identification and details of the seller and buyer, including full legal names, registration numbers, and addresses
2. Background: Context of the transaction and brief description of the parties' business relationship
3. Definitions: Definitions of key terms used throughout the agreement
4. Subject Matter of Sale: Detailed description of the goods being sold, including quantity and specifications
5. Purchase Price: Price, currency, and payment terms including payment schedule and method
6. Delivery Terms: Delivery schedule, location, and transfer of risk (including Incoterms if applicable)
7. Quality and Inspection: Quality standards, inspection procedures, and acceptance criteria
8. Warranties: Warranties provided by the seller regarding the goods
9. Title and Risk: Transfer of title and risk in the goods
10. Term and Termination: Duration of the agreement and circumstances for termination
11. Liability and Indemnification: Limitations of liability and indemnification obligations
12. Force Majeure: Circumstances excusing performance and related procedures
13. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction for disputes
14. General Provisions: Standard boilerplate clauses including notices, amendments, and severability
1. Intellectual Property Rights: Required when the goods involve patents, trademarks, or other IP rights
2. Confidentiality: Include when sensitive information will be exchanged
3. Insurance: Include when specific insurance requirements are needed for high-value or high-risk goods
4. Export/Import Controls: Required for international sales involving regulated goods
5. Training and Support: Include when the seller must provide training or technical support
6. Resale Rights: Include when there are restrictions or conditions on resale of goods
7. Bank Guarantees: Include when payment security is required
8. After-Sales Service: Include when maintenance or support services are part of the sale
1. Schedule 1 - Product Specifications: Detailed technical specifications of the goods
2. Schedule 2 - Price List: Detailed pricing information including any volume discounts
3. Schedule 3 - Delivery Schedule: Detailed delivery timeline and milestones
4. Schedule 4 - Quality Standards: Specific quality requirements and testing procedures
5. Schedule 5 - Warranty Terms: Detailed warranty terms and claims procedures
6. Schedule 6 - Service Level Agreement: If applicable, details of support or maintenance services
7. Appendix A - Technical Documentation: Product manuals and technical documentation
8. Appendix B - Compliance Certificates: Required safety or regulatory certificates
Relevant legal definitions
Agreement
Applicable Law
Business Day
Buyer
Confidential Information
Contract Price
Defect
Delivery Date
Delivery Location
Effective Date
Force Majeure Event
Goods
Incoterms
Intellectual Property Rights
Invoice
Material Adverse Change
Order
Payment Terms
Performance Standards
Product Specifications
Purchase Order
Quality Standards
Related Agreements
Seller
Specifications
Subsidiary
Technical Documentation
Term
Territory
Third Party
Trade Terms
Warranty Period
Working Days
Writing/Written
Applicable Law
Business Day
Buyer
Confidential Information
Contract Price
Defect
Delivery Date
Delivery Location
Effective Date
Force Majeure Event
Goods
Incoterms
Intellectual Property Rights
Invoice
Material Adverse Change
Order
Payment Terms
Performance Standards
Product Specifications
Purchase Order
Quality Standards
Related Agreements
Seller
Specifications
Subsidiary
Technical Documentation
Term
Territory
Third Party
Trade Terms
Warranty Period
Working Days
Writing/Written
Clauses
Interpretation
Sale and Purchase
Price and Payment
Delivery
Title and Risk
Quality Assurance
Warranties
Inspection and Testing
Acceptance
Product Specifications
Insurance
Intellectual Property
Confidentiality
Force Majeure
Liability and Indemnification
Termination
Assignment
Notices
Severability
Entire Agreement
Amendment
Waiver
Governing Law
Dispute Resolution
Compliance with Laws
Export Control
Data Protection
Anti-Corruption
Language
Counterparts
Sale and Purchase
Price and Payment
Delivery
Title and Risk
Quality Assurance
Warranties
Inspection and Testing
Acceptance
Product Specifications
Insurance
Intellectual Property
Confidentiality
Force Majeure
Liability and Indemnification
Termination
Assignment
Notices
Severability
Entire Agreement
Amendment
Waiver
Governing Law
Dispute Resolution
Compliance with Laws
Export Control
Data Protection
Anti-Corruption
Language
Counterparts
Relevant Industries
Manufacturing
Wholesale Trade
Retail
Technology
Industrial Equipment
Consumer Goods
Automotive
Electronics
Chemical
Pharmaceutical
Food and Beverage
Machinery
Textiles
Construction Materials
Agriculture
Relevant Teams
Legal
Sales
Procurement
Commercial
Supply Chain
Operations
Compliance
Risk Management
Finance
Business Development
Relevant Roles
Commercial Director
Sales Manager
Procurement Manager
Legal Counsel
Contract Manager
Business Development Manager
Supply Chain Manager
Chief Commercial Officer
Purchasing Director
Operations Manager
Compliance Officer
Risk Manager
General Counsel
Sales Director
Chief Legal Officer
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