The Offer and Acceptance Contract is a fundamental document in Indonesian commercial practice, used to formalize business arrangements and ensure legal certainty in transactions. This document type is essential when parties need to clearly document the precise terms of an offer and the specific requirements for its valid acceptance under Indonesian law. It is particularly relevant for high-value transactions, complex commercial arrangements, or when parties need a formal record of their negotiation process. The document must comply with the Indonesian Civil Code (KUHPer), especially Articles 1320-1337 regarding contract formation, and Law No. 24 of 2009 concerning language requirements. It's commonly used in both domestic and international business transactions where one or more parties are Indonesian entities or the transaction occurs within Indonesian jurisdiction.
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1. Parties: Identification and details of the offering party and the party to whom the offer is made
2. Background: Context of the offer and the intended transaction
3. Definitions: Key terms used in the document
4. Offer Details: Specific details of what is being offered (goods, services, or other consideration)
5. Price and Payment Terms: Financial terms including price, payment method, and timing
6. Acceptance Mechanism: How and when acceptance must be communicated
7. Duration of Offer: Period for which the offer remains valid
8. Terms and Conditions: Core terms that will govern the contract once formed
9. Governing Law and Jurisdiction: Confirmation of Indonesian law as governing law and jurisdiction for disputes
10. Language: Specification of controlling language version as required by Law No. 24 of 2009
11. Execution: Signature blocks and execution requirements
1. Conditions Precedent: Include when acceptance is subject to certain conditions being met
2. Due Diligence: Include when acceptance is subject to satisfactory due diligence
3. Confidentiality: Include when the offer contains sensitive commercial information
4. Exclusivity: Include when the offering party wants to prevent the receiving party from accepting competing offers
5. Break Fee: Include when there should be compensation if the deal fails under specific circumstances
6. Electronic Acceptance: Include when acceptance can be made electronically under Law No. 11 of 2008
7. Force Majeure: Include for long-term offers that might be affected by unforeseen circumstances
8. Assignment: Include when transfer rights need to be addressed
9. Dispute Resolution: Include when parties want specific dispute resolution procedures beyond court jurisdiction
1. Schedule 1 - Technical Specifications: Detailed specifications of goods or services being offered
2. Schedule 2 - Pricing Structure: Detailed breakdown of pricing, including any variables or calculations
3. Schedule 3 - Form of Acceptance: Template for formal acceptance if required
4. Schedule 4 - Due Diligence Requirements: List of documents and information required for due diligence
5. Schedule 5 - Timeline: Key dates and deadlines for the offer and acceptance process
6. Appendix A - Required Documents: List of documents required for completion of the transaction
7. Appendix B - Compliance Requirements: Specific regulatory or compliance requirements applicable to the transaction
Relevant legal definitions
Acceptance
Acceptance Date
Acceptance Form
Acceptance Period
Affiliate
Agreement
Applicable Law
Business Day
Commencement Date
Conditions Precedent
Confidential Information
Contract Price
Counter-Offer
Delivery
Effective Date
Electronic Acceptance
Force Majeure Event
Governing Language
IDR
Indonesian Law
Intellectual Property Rights
Offer
Offer Period
Offeror
Offeree
Parties
Payment Terms
Permitted Purpose
Products
Purchase Price
Rejection
Representatives
Services
Specifications
Subject Matter
Term
Territory
Transaction
Working Day
Acceptance Date
Acceptance Form
Acceptance Period
Affiliate
Agreement
Applicable Law
Business Day
Commencement Date
Conditions Precedent
Confidential Information
Contract Price
Counter-Offer
Delivery
Effective Date
Electronic Acceptance
Force Majeure Event
Governing Language
IDR
Indonesian Law
Intellectual Property Rights
Offer
Offer Period
Offeror
Offeree
Parties
Payment Terms
Permitted Purpose
Products
Purchase Price
Rejection
Representatives
Services
Specifications
Subject Matter
Term
Territory
Transaction
Working Day
Clauses
Offer Terms
Acceptance Mechanism
Consideration
Duration of Offer
Revocation Rights
Price and Payment
Delivery Terms
Conditions Precedent
Representations and Warranties
Confidentiality
Intellectual Property
Force Majeure
Governing Law
Dispute Resolution
Language
Electronic Communications
Assignment
Notices
Entire Agreement
Severability
Amendment
Waiver
Third Party Rights
Costs
Counterparts
Time of Essence
Due Diligence
Exclusivity
Break Fee
Termination
Compliance with Laws
Anti-Corruption
Data Protection
Insurance
Indemnification
Acceptance Mechanism
Consideration
Duration of Offer
Revocation Rights
Price and Payment
Delivery Terms
Conditions Precedent
Representations and Warranties
Confidentiality
Intellectual Property
Force Majeure
Governing Law
Dispute Resolution
Language
Electronic Communications
Assignment
Notices
Entire Agreement
Severability
Amendment
Waiver
Third Party Rights
Costs
Counterparts
Time of Essence
Due Diligence
Exclusivity
Break Fee
Termination
Compliance with Laws
Anti-Corruption
Data Protection
Insurance
Indemnification
Relevant Industries
Manufacturing
Retail
Technology
Construction
Real Estate
Financial Services
Professional Services
Energy
Mining
Agriculture
Telecommunications
E-commerce
Healthcare
Education
Logistics
Import/Export
Relevant Teams
Legal
Procurement
Commercial
Sales
Business Development
Compliance
Operations
Finance
Risk Management
Corporate Secretariat
Supply Chain
Contract Administration
Relevant Roles
Legal Counsel
Contract Manager
Procurement Manager
Commercial Director
Business Development Manager
Sales Director
Chief Legal Officer
Compliance Officer
Corporate Secretary
Managing Director
Operations Manager
Project Manager
Supply Chain Manager
Chief Financial Officer
Risk Manager
General Manager
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