Procurement Agreement for Switzerland

Procurement Agreement Template for Switzerland

A comprehensive legal document governed by Swiss law that establishes the terms and conditions for the procurement of goods and/or services between a supplier and purchaser. The agreement incorporates key provisions required under Swiss contract law, particularly the Swiss Code of Obligations, and addresses essential elements such as ordering processes, delivery terms, quality requirements, warranties, and payment conditions. It provides a structured framework for managing the procurement relationship while ensuring compliance with Swiss regulatory requirements and commercial practices.

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What is a Procurement Agreement?

This Procurement Agreement template is designed for use under Swiss law when establishing a formal procurement relationship between a supplier and purchaser. It is particularly valuable for organizations seeking to establish clear, legally compliant procurement processes in Switzerland, whether for one-time substantial purchases or ongoing supply arrangements. The agreement incorporates essential elements required under Swiss law, including the Swiss Code of Obligations requirements, while providing flexibility to accommodate various types of goods and services. It includes comprehensive provisions for ordering procedures, quality control, delivery terms, warranties, and payment conditions, making it suitable for both domestic and international procurement relationships where Swiss law governs the transaction.

What sections should be included in a Procurement Agreement?

1. Parties: Identification and details of the contracting parties (supplier and purchaser)

2. Background: Context of the agreement and brief description of the procurement relationship

3. Definitions: Definitions of key terms used throughout the agreement

4. Scope of Supply: Detailed description of goods/services to be provided

5. Ordering Process: Procedures for placing and accepting orders

6. Delivery Terms: Delivery timeframes, locations, and conditions

7. Price and Payment: Pricing structure, payment terms, invoicing procedures

8. Quality Requirements: Quality standards, specifications, and compliance requirements

9. Warranties: Supplier warranties regarding goods/services

10. Term and Termination: Duration of agreement and termination provisions

11. Liability and Indemnification: Allocation of risks and responsibilities between parties

12. Confidentiality: Protection of confidential information

13. Force Majeure: Provisions for unforeseen circumstances

14. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction

15. General Provisions: Standard boilerplate clauses including notices, amendments, etc.

What sections are optional to include in a Procurement Agreement?

1. Intellectual Property Rights: Required when procurement involves software, technology or IP-sensitive materials

2. Data Protection: Required when personal data processing is involved

3. Insurance: Required for high-value or high-risk procurement

4. Environmental Compliance: Required for procurement involving environmental considerations

5. Export Control: Required for international procurement or controlled goods

6. Service Levels: Required for service-based procurement with specific performance metrics

7. Business Continuity: Required for critical supply arrangements

8. Subcontracting: Required when supplier may use subcontractors

9. Training and Support: Required for complex products or services requiring ongoing support

What schedules should be included in a Procurement Agreement?

1. Schedule 1 - Specifications: Detailed technical specifications of goods/services

2. Schedule 2 - Pricing Schedule: Detailed pricing structure, including any volume discounts

3. Schedule 3 - Service Levels: Detailed service level requirements and KPIs

4. Schedule 4 - Order Form Template: Standard form for placing orders

5. Schedule 5 - Delivery Locations: List of approved delivery locations and specific requirements

6. Schedule 6 - Contact Details: Key contact persons and escalation matrix

7. Schedule 7 - Quality Control Procedures: Detailed quality assurance processes

8. Appendix A - Compliance Requirements: Specific regulatory or compliance requirements

9. Appendix B - Technical Documentation: Product manuals, technical specifications, or operational procedures

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Switzerland

Publisher

Genie AI

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Manufacturing

Technology

Healthcare

Construction

Energy

Financial Services

Telecommunications

Retail

Automotive

Pharmaceutical

Public Sector

Infrastructure

Education

Transportation

Professional Services

Relevant Teams

Procurement

Legal

Finance

Operations

Supply Chain

Compliance

Risk Management

Quality Assurance

Commercial

Vendor Management

Strategic Sourcing

Contract Administration

Relevant Roles

Procurement Manager

Supply Chain Director

Legal Counsel

Contract Manager

Chief Financial Officer

Operations Director

Purchasing Officer

Vendor Manager

Commercial Director

Risk Manager

Compliance Officer

Quality Assurance Manager

Supply Chain Analyst

Category Manager

Strategic Sourcing Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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