The Buyer's Agreement Contract serves as a fundamental legal instrument in Indonesian commercial transactions, designed to protect both buyers' and sellers' interests while ensuring compliance with Indonesian law. This document is essential when establishing a formal purchasing relationship, whether for one-time transactions or ongoing supply arrangements. It incorporates mandatory provisions from the Indonesian Civil Code (KUHPerdata), Law No. 8 of 1999 on Consumer Protection, and other relevant regulations. The agreement is particularly crucial in structured procurement processes, providing clear terms for pricing, delivery, quality standards, and dispute resolution. It can be customized for various industries while maintaining its core legal framework under Indonesian jurisdiction, making it a versatile tool for businesses operating in Indonesia's dynamic market environment.
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1. Parties: Identification and details of the buyer and seller, including registration numbers and addresses
2. Background: Context of the agreement and brief description of the transaction purpose
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Purchase: Detailed description of goods/services being purchased
5. Purchase Price and Payment Terms: Price, payment schedule, method of payment, and related financial terms
6. Delivery Terms: Delivery schedule, location, and conditions
7. Quality and Specifications: Quality standards, technical specifications, and compliance requirements
8. Warranties and Representations: Warranties provided by the seller and representations of both parties
9. Inspection and Acceptance: Procedures for inspection and acceptance of goods/services
10. Title and Risk: Transfer of ownership and risk allocation
11. Termination: Conditions and procedures for contract termination
12. Dispute Resolution: Procedures for resolving disputes, including jurisdiction and governing law
13. Force Majeure: Provisions for unforeseen circumstances and their handling
14. General Provisions: Standard legal provisions including notices, amendments, and entirety of agreement
1. Intellectual Property Rights: Include when the purchase involves software, technology, or IP-protected items
2. Confidentiality: Include when sensitive information will be shared during the transaction
3. Insurance: Include when specific insurance requirements are needed for high-value or high-risk purchases
4. Export/Import Compliance: Include for international transactions requiring trade compliance
5. After-Sales Service: Include when maintenance, support, or service requirements exist post-purchase
6. Training and Documentation: Include when the purchase requires seller to provide training or technical documentation
7. Performance Guarantees: Include when specific performance metrics or guarantees are required
8. Environmental Compliance: Include when environmental regulations or certifications are relevant
1. Schedule A - Product Specifications: Detailed technical specifications of the products/services
2. Schedule B - Pricing Schedule: Detailed breakdown of prices, including any volume discounts or pricing mechanisms
3. Schedule C - Delivery Schedule: Detailed timeline and milestones for delivery
4. Schedule D - Quality Standards: Specific quality requirements and testing procedures
5. Schedule E - Service Level Agreement: Performance metrics and service levels if applicable
6. Appendix 1 - Required Documents: List of required certificates, permits, and compliance documents
7. Appendix 2 - Contact Details: Key contact persons and their details for both parties
8. Appendix 3 - Standard Operating Procedures: Relevant operational procedures for the transaction
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