The Installment Purchase Agreement is essential for transactions where goods are sold with payment spread over time, commonly used in both business-to-business and business-to-consumer contexts under Swiss jurisdiction. This document type is particularly relevant when selling high-value items such as equipment, vehicles, or machinery, where immediate full payment isn't practical or desired. The agreement must comply with Swiss legal requirements, including the Code of Obligations and consumer protection laws, particularly regarding installment sales (Articles 226a-228). It details payment terms, ownership rights, default provisions, and warranty conditions, while ensuring proper risk allocation between parties. The document is crucial for protecting both seller and buyer interests, providing clear terms for title transfer, and establishing remedies in case of default.
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1. Parties: Identification of seller and purchaser with full legal names and addresses
2. Background: Context of the transaction and brief description of the goods being sold
3. Definitions: Definitions of key terms used throughout the agreement
4. Description of Goods: Detailed description of the goods being sold, including specifications, condition, and any identifying numbers
5. Purchase Price and Payment Terms: Total purchase price, down payment, number of installments, installment amounts, and payment schedule
6. Interest and Additional Charges: Details of any interest charges, administrative fees, or other costs as required by Swiss law
7. Delivery and Acceptance: Terms regarding delivery of goods, inspection rights, and acceptance procedures
8. Title and Risk: Provisions regarding transfer of ownership and risk, typically stating that title remains with seller until full payment
9. Seller's Warranties: Warranties provided by the seller regarding the goods' condition and compliance with specifications
10. Default and Remedies: Consequences of payment default and available remedies for both parties
11. Termination: Conditions under which the agreement can be terminated and the consequences
12. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction for disputes
1. Insurance: Requirements for insurance of goods during the installment period, used when goods have significant value
2. Maintenance and Use: Obligations regarding maintenance and permitted use of goods, relevant for complex equipment or vehicles
3. Security Interest: Additional security arrangements, used for high-value transactions
4. Early Payment: Terms for early repayment and any associated discounts or penalties
5. Assignment: Rights and restrictions regarding assignment of the agreement, used when assignment might be contemplated
6. Third-Party Rights: Provisions regarding third-party claims or rights, relevant when multiple parties might have interests
7. Force Majeure: Provisions for unforeseen circumstances affecting performance, used for long-term installment arrangements
1. Payment Schedule: Detailed breakdown of all payments, including dates, amounts, and allocation between principal and interest
2. Product Specifications: Technical specifications, photographs, or detailed descriptions of the goods
3. Delivery Schedule: Detailed delivery terms and timeline if delivery occurs in multiple stages
4. Warranty Terms: Detailed warranty terms and conditions, including claim procedures
5. Maintenance Requirements: Detailed maintenance requirements and schedules if applicable to the goods
6. Form of Transfer Documentation: Template documents for final transfer of title upon completion of payments
Relevant legal definitions
Agreement
Goods
Purchase Price
Down Payment
Installment Payment
Payment Schedule
Interest Rate
Payment Date
Default Rate
Default Event
Delivery Date
Acceptance Certificate
Title
Security Interest
Warranties
Force Majeure Event
Business Day
Effective Date
Completion Date
Early Payment
Outstanding Balance
Additional Charges
Insurance Requirements
Maintenance Standards
Permitted Use
Transfer Documentation
Notice
Applicable Law
Material Adverse Change
Termination Event
Goods
Purchase Price
Down Payment
Installment Payment
Payment Schedule
Interest Rate
Payment Date
Default Rate
Default Event
Delivery Date
Acceptance Certificate
Title
Security Interest
Warranties
Force Majeure Event
Business Day
Effective Date
Completion Date
Early Payment
Outstanding Balance
Additional Charges
Insurance Requirements
Maintenance Standards
Permitted Use
Transfer Documentation
Notice
Applicable Law
Material Adverse Change
Termination Event
Clauses
Parties and Recitals
Definitions
Sale and Purchase
Purchase Price
Payment Terms
Interest and Charges
Delivery
Title Transfer
Risk and Insurance
Warranties
Maintenance and Use
Default
Remedies
Security Interest
Assignment
Early Payment
Force Majeure
Notices
Termination
Governing Law
Jurisdiction
Severability
Entire Agreement
Amendment
Counterparts
Consumer Protection
Repossession Rights
Inspection Rights
Registration
Indemnification
Definitions
Sale and Purchase
Purchase Price
Payment Terms
Interest and Charges
Delivery
Title Transfer
Risk and Insurance
Warranties
Maintenance and Use
Default
Remedies
Security Interest
Assignment
Early Payment
Force Majeure
Notices
Termination
Governing Law
Jurisdiction
Severability
Entire Agreement
Amendment
Counterparts
Consumer Protection
Repossession Rights
Inspection Rights
Registration
Indemnification
Relevant Industries
Retail
Automotive
Industrial Equipment
Consumer Electronics
Machinery
Agricultural Equipment
Office Equipment
Home Appliances
Construction Equipment
Medical Equipment
Relevant Teams
Legal
Finance
Sales
Risk Management
Compliance
Credit Control
Operations
Commercial
Customer Service
Collections
Relevant Roles
Legal Counsel
Contract Manager
Sales Manager
Finance Manager
Credit Controller
Risk Manager
Commercial Director
Business Development Manager
Compliance Officer
Account Executive
Collections Manager
Operations Manager
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