The Purchase And Sale Agreement Contract serves as a fundamental legal instrument in Indonesian commercial transactions, essential for documenting the transfer of ownership between parties. This document is primarily used when conducting significant sales transactions, whether for goods, assets, or property, and must comply with Indonesian Civil Code (KUHPerdata) requirements and relevant commercial regulations. It's particularly important for transactions requiring detailed documentation of terms, conditions, warranties, and specific obligations of both parties. The agreement can be customized for various transaction types, from simple goods purchase to complex asset acquisitions, while maintaining compliance with Indonesian legal requirements. It includes crucial elements such as precise description of the subject matter, payment terms, delivery conditions, warranties, and risk allocation, making it suitable for both domestic and international transactions within Indonesian jurisdiction.
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1. Parties: Identification and details of the seller and purchaser, including registration numbers for companies
2. Background: Context of the transaction and brief description of the subject matter
3. Definitions: Definitions of key terms used throughout the agreement
4. Subject Matter of Sale: Detailed description of the goods or property being sold
5. Purchase Price: Agreed price, payment terms, and payment method
6. Delivery Terms: Timing, location, and method of delivery
7. Transfer of Title: Process and timing of ownership transfer
8. Representations and Warranties: Statements of fact and assurances from both parties
9. Seller's Obligations: Specific duties and responsibilities of the seller
10. Buyer's Obligations: Specific duties and responsibilities of the buyer
11. Condition of Goods: Statement about the condition of goods and any inspections
12. Risk and Insurance: Allocation of risk and insurance requirements
13. Default and Termination: Consequences of breach and termination rights
14. Governing Law: Confirmation of Indonesian law as governing law
15. Dispute Resolution: Process for resolving disputes
16. Notices: How formal communications between parties should be made
17. Execution: Signature blocks and execution requirements
1. Intellectual Property Rights: Required when the sale involves goods with IP components
2. Export/Import Requirements: Needed for international sales requiring customs clearance
3. Confidentiality: Important when transaction involves sensitive information
4. Force Majeure: Addresses unforeseen circumstances preventing performance
5. Assignment: Rights to transfer the agreement to other parties
6. Change of Control: Required when dealing with corporate entities
7. Taxes and Duties: Detailed tax obligations when significant tax implications exist
8. Training and Support: Needed when sale includes technical equipment or systems
9. Transition Services: Required when post-sale support or handover is needed
1. Schedule 1 - Asset List: Detailed inventory of all items included in the sale
2. Schedule 2 - Technical Specifications: Detailed technical descriptions of goods being sold
3. Schedule 3 - Payment Schedule: Breakdown of payment installments if applicable
4. Schedule 4 - Delivery Schedule: Detailed timeline for delivery if multiple deliveries
5. Schedule 5 - Warranty Terms: Detailed warranty conditions and procedures
6. Appendix A - Required Documents: List of documents required for the transaction
7. Appendix B - Quality Standards: Applicable quality standards and certifications
8. Appendix C - Inspection Procedures: Procedures for inspection and acceptance of goods
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