The Sales and Service Agreement is a vital commercial contract used when a business relationship involves both the supply of products and the provision of ongoing services under Swiss law. This document is particularly relevant when companies need to establish a framework for regular product purchases combined with associated services such as maintenance, support, or implementation. The agreement ensures compliance with Swiss legal requirements, particularly the Swiss Code of Obligations, while addressing both the sales aspects (including delivery, quality, and warranties) and service components (including performance standards and support levels). It's commonly used in business-to-business relationships where ongoing support or services are integral to the product offering, and includes specific provisions required under Swiss commercial law for both sales and service arrangements.
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1. Parties: Identification and details of the contracting parties
2. Background: Context of the agreement and business relationship
3. Definitions: Defined terms used throughout the agreement
4. Scope of Supply: Detailed description of products to be supplied and services to be rendered
5. Ordering Process: Procedures for placing and accepting orders
6. Pricing and Payment Terms: Product and service pricing, payment schedules, and payment methods
7. Delivery and Performance: Terms for product delivery and service performance standards
8. Quality Requirements: Quality standards for products and services
9. Warranties: Product and service warranties as per Swiss law requirements
10. Liability and Indemnification: Allocation of risks and responsibilities between parties
11. Term and Termination: Duration of agreement and termination provisions
12. Confidentiality: Protection of confidential information
13. Force Majeure: Provisions for unforeseen circumstances preventing performance
14. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction
15. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments
1. Intellectual Property Rights: Include when IP rights are relevant to the products or services
2. Insurance: Include when specific insurance requirements need to be maintained
3. Data Protection: Include when personal data processing is involved
4. Export Control: Include for international sales involving export restrictions
5. Non-Competition: Include when restricting parties from competing activities
6. Service Level Agreement: Include when specific service performance metrics are required
7. Training and Support: Include when product training or ongoing support is part of the agreement
8. Spare Parts and Maintenance: Include for products requiring ongoing maintenance or spare parts
9. Bank Guarantee: Include when financial security is required
1. Product Specifications: Detailed technical specifications of products
2. Price List: Comprehensive list of products and services with pricing
3. Service Level Requirements: Detailed service performance metrics and standards
4. Warranty Terms: Detailed warranty terms and conditions
5. Territory: Geographic areas covered by the agreement
6. Contact Details: Key contact persons and escalation matrix
7. Technical Support Procedures: Procedures for requesting and providing technical support
8. Quality Control Procedures: Detailed quality control and testing procedures
9. Acceptance Test Criteria: Criteria for accepting delivered products or services
Relevant legal definitions
Agreement
Acceptance
Affiliate
Applicable Law
Business Day
Confidential Information
Contract Year
Delivery
Delivery Date
Documentation
Effective Date
Force Majeure Event
Intellectual Property Rights
Order
Products
Product Specifications
Purchase Price
Quality Standards
Services
Service Levels
Service Hours
Service Location
Service Personnel
Specifications
Support Services
Technical Documentation
Territory
Third Party
Warranty Period
Working Hours
Acceptance
Affiliate
Applicable Law
Business Day
Confidential Information
Contract Year
Delivery
Delivery Date
Documentation
Effective Date
Force Majeure Event
Intellectual Property Rights
Order
Products
Product Specifications
Purchase Price
Quality Standards
Services
Service Levels
Service Hours
Service Location
Service Personnel
Specifications
Support Services
Technical Documentation
Territory
Third Party
Warranty Period
Working Hours
Clauses
Parties
Recitals
Definitions
Scope of Supply
Product Specifications
Service Scope
Ordering Process
Delivery Terms
Acceptance Testing
Quality Requirements
Service Levels
Performance Standards
Pricing
Payment Terms
Invoicing
Warranties
Service Support
Training
Documentation
Intellectual Property
Title and Risk
Confidentiality
Data Protection
Liability
Indemnification
Insurance
Force Majeure
Term
Termination
Change Control
Assignment
Subcontracting
Compliance
Export Control
Notice
Severability
Entire Agreement
Amendment
Waiver
Governing Law
Jurisdiction
Dispute Resolution
Recitals
Definitions
Scope of Supply
Product Specifications
Service Scope
Ordering Process
Delivery Terms
Acceptance Testing
Quality Requirements
Service Levels
Performance Standards
Pricing
Payment Terms
Invoicing
Warranties
Service Support
Training
Documentation
Intellectual Property
Title and Risk
Confidentiality
Data Protection
Liability
Indemnification
Insurance
Force Majeure
Term
Termination
Change Control
Assignment
Subcontracting
Compliance
Export Control
Notice
Severability
Entire Agreement
Amendment
Waiver
Governing Law
Jurisdiction
Dispute Resolution
Relevant Industries
Manufacturing
Technology
Industrial Equipment
Healthcare
Telecommunications
Automotive
Electronics
Software and IT
Medical Devices
Construction Equipment
Energy
Consumer Goods
Professional Services
Retail
Relevant Teams
Legal
Commercial
Sales
Procurement
Operations
Service Delivery
Business Development
Contract Management
Supply Chain
Technical Services
Compliance
Account Management
Relevant Roles
Commercial Director
Sales Manager
Procurement Manager
Legal Counsel
Contract Manager
Business Development Manager
Operations Director
Service Delivery Manager
Account Executive
Supply Chain Manager
Chief Commercial Officer
Vendor Manager
Technical Services Director
General Counsel
Chief Operating Officer
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