The Equipment Consignment Agreement is a critical document used when an equipment owner wishes to place equipment with a third party for sale without transferring ownership until the actual sale occurs. This arrangement is particularly common in Switzerland and is governed by Swiss law, specifically the Swiss Code of Obligations (OR). The agreement is essential for businesses looking to expand their distribution channels without significant upfront investment from distributors or retailers. It typically includes detailed provisions for equipment handling, storage requirements, sales procedures, commission structures, and reporting obligations. The document is designed to protect both parties' interests while ensuring compliance with Swiss commercial law requirements, including clear delineation of title retention, risk allocation, and financial responsibilities.
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1. Parties: Identification and details of the Consignor (equipment owner) and Consignee
2. Background: Context of the agreement and brief description of the business relationship
3. Definitions: Definitions of key terms used throughout the agreement
4. Appointment and Scope: Establishment of the consignment relationship and its scope
5. Delivery and Storage of Equipment: Terms for equipment delivery, storage requirements, and handling procedures
6. Title and Risk: Confirmation that title remains with Consignor until sale, and allocation of risk
7. Sales Process and Pricing: Procedures for selling equipment, pricing mechanisms, and approval processes
8. Commission and Payment Terms: Commission structure, payment terms, and settlement procedures
9. Reporting Requirements: Regular inventory reports, sales reports, and financial accounting requirements
10. Insurance and Liability: Insurance requirements and allocation of liability between parties
11. Term and Termination: Duration of agreement and termination provisions
12. Return of Unsold Equipment: Procedures for returning unsold equipment upon termination
13. Governing Law and Jurisdiction: Specification of Swiss law as governing law and jurisdiction for disputes
14. General Provisions: Standard boilerplate clauses including notices, amendments, and entire agreement
1. Marketing and Promotion: Requirements for marketing the equipment (relevant for active sales arrangements)
2. Quality Control: Quality standards and inspection procedures (important for sensitive or technical equipment)
3. Training Requirements: Training obligations for Consignee's staff (necessary for complex equipment)
4. Territory Restrictions: Geographic limitations on sales (relevant for exclusive arrangements)
5. Minimum Performance Requirements: Sales targets or minimum performance standards (for performance-based arrangements)
6. Intellectual Property: IP rights and usage guidelines (important when equipment involves proprietary technology)
7. Data Protection: Data handling requirements (relevant when customer data is collected)
8. Competition Restrictions: Non-compete and exclusivity provisions (for strategic relationships)
1. Schedule 1 - Equipment List: Detailed list of equipment with specifications and initial consignment quantities
2. Schedule 2 - Pricing Structure: Detailed pricing guidelines, commission rates, and payment calculations
3. Schedule 3 - Storage Requirements: Specific requirements for storage, handling, and maintenance of equipment
4. Schedule 4 - Reporting Templates: Standard forms for inventory and sales reporting
5. Schedule 5 - Service Level Agreement: Performance metrics and service standards
6. Appendix A - Operating Procedures: Detailed procedures for day-to-day operations
7. Appendix B - Insurance Requirements: Specific insurance types and coverage levels required
8. Appendix C - Return Procedures: Detailed procedures for equipment returns and condition assessment
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