The Conditional Sale Agreement is a crucial document used in Swiss commercial transactions where goods are sold with payment structured in installments, while the seller maintains ownership until full payment is received. This arrangement is particularly common in high-value transactions and is governed by Swiss law, specifically the Swiss Code of Obligations and related regulations concerning title retention. The document is essential when businesses want to sell goods while maintaining security over them, or when buyers need flexible payment terms. The agreement must comply with Swiss registration requirements for title retention and includes detailed provisions on payment terms, delivery, maintenance obligations, and default remedies. It's particularly important to note that under Swiss law, a Conditional Sale Agreement must follow specific formalities to be enforceable, especially regarding the registration of the title retention arrangement.
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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 purpose of the agreement
3. Definitions: Definitions of key terms used throughout the agreement
4. Subject Matter of Sale: Detailed description of the goods being sold, including quantity, specifications, and condition
5. Purchase Price and Payment Terms: Total purchase price, payment schedule, installment amounts, and payment methods
6. Retention of Title: Terms specifying that ownership remains with the seller until full payment, including registration requirements under Swiss law
7. Delivery and Risk: Delivery terms, timing, and transfer of risk in the goods
8. Seller's Warranties: Warranties regarding title, quality, and condition of the goods
9. Buyer's Obligations: Obligations including maintenance, insurance, and restrictions on use or resale
10. Default and Remedies: Consequences of payment default and seller's remedies, including repossession rights
11. Termination: Circumstances under which the agreement can be terminated and consequences
12. Governing Law and Jurisdiction: Confirmation of Swiss law governance and jurisdiction for disputes
13. Execution: Signature blocks and execution requirements
1. Insurance Requirements: Detailed insurance obligations when the goods are of high value or specific insurance is required
2. Third Party Rights: Required when third parties have rights or obligations under the agreement
3. Export/Import Requirements: Necessary for international sales involving customs or export regulations
4. Installation and Training: Required for technical equipment requiring installation or user training
5. Maintenance Requirements: Specific maintenance obligations for complex or valuable goods
6. Assignment and Security: Terms regarding assignment of rights or creation of security interests
7. Force Majeure: Added for high-value transactions where risk allocation is crucial
1. Schedule 1 - Goods Specification: Detailed technical specifications and descriptions of the goods
2. Schedule 2 - Payment Schedule: Detailed breakdown of installment payments, amounts, and due dates
3. Schedule 3 - Delivery Schedule: Specific delivery dates and locations if multiple deliveries are involved
4. Schedule 4 - Maintenance Requirements: Detailed maintenance procedures and schedules if applicable
5. Schedule 5 - Form of Retention of Title Registration: Template for Swiss retention of title registration
6. Appendix A - Acceptance Certificate: Form for confirming delivery and acceptance of goods
7. Appendix B - Warranty Terms: Detailed warranty terms and claim procedures
Relevant legal definitions
Agreement
Acceptance Certificate
Business Day
Completion
Conditional Period
Default Event
Default Interest Rate
Delivery Date
Delivery Location
Deposit
Effective Date
Final Payment Date
Goods
Installation
Installment Payment
Insurance Requirements
Interest Rate
Maintenance Requirements
Outstanding Balance
Payment Schedule
Purchase Price
Registration Requirements
Related Rights
Retention of Title
Security Interest
Seller's Bank Account
Specifications
Swiss Law
Title Registration
Total Amount Due
Transfer of Title
Warranty Period
Acceptance Certificate
Business Day
Completion
Conditional Period
Default Event
Default Interest Rate
Delivery Date
Delivery Location
Deposit
Effective Date
Final Payment Date
Goods
Installation
Installment Payment
Insurance Requirements
Interest Rate
Maintenance Requirements
Outstanding Balance
Payment Schedule
Purchase Price
Registration Requirements
Related Rights
Retention of Title
Security Interest
Seller's Bank Account
Specifications
Swiss Law
Title Registration
Total Amount Due
Transfer of Title
Warranty Period
Clauses
Sale and Purchase
Title Retention
Payment Terms
Delivery
Risk Transfer
Insurance
Warranties
Security Interest
Default
Remedies
Registration Requirements
Maintenance Obligations
Use Restrictions
Assignment
Force Majeure
Notices
Confidentiality
Dispute Resolution
Governing Law
Entire Agreement
Severability
Amendment
Waiver
Third Party Rights
Costs
Indemnification
Termination
Representations
Compliance with Laws
Further Assurance
Title Retention
Payment Terms
Delivery
Risk Transfer
Insurance
Warranties
Security Interest
Default
Remedies
Registration Requirements
Maintenance Obligations
Use Restrictions
Assignment
Force Majeure
Notices
Confidentiality
Dispute Resolution
Governing Law
Entire Agreement
Severability
Amendment
Waiver
Third Party Rights
Costs
Indemnification
Termination
Representations
Compliance with Laws
Further Assurance
Relevant Industries
Manufacturing
Automotive
Industrial Equipment
Technology and Electronics
Construction Equipment
Agricultural Machinery
Medical Equipment
Luxury Goods
Transportation
Renewable Energy Equipment
Relevant Teams
Legal
Finance
Sales
Commercial
Risk and Compliance
Operations
Credit Control
Business Development
Procurement
Asset Management
Relevant Roles
Legal Counsel
Commercial Director
Sales Manager
Finance Director
Credit Controller
Contract Manager
Business Development Manager
Risk Manager
Compliance Officer
Operations Manager
General Counsel
Chief Financial Officer
Sales Director
Purchase Manager
Asset Manager
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