The Sales and Service Agreement is a vital commercial document used when a business relationship involves both the sale of products and the provision of ongoing services in Indonesia. This agreement type is particularly relevant in scenarios where products require installation, maintenance, support, or other continuing services after sale. The document must comply with Indonesian legal requirements, including the Civil Code (Kitab Undang-undang Hukum Perdata), Consumer Protection Law (Law No. 8 of 1999), and relevant trade regulations. It's commonly used in business-to-business transactions where ongoing support or service is crucial to the product's functionality or value proposition. The agreement ensures clear delineation of responsibilities, service levels, warranty terms, and pricing structures for both product and service components.
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1. Parties: Identification of the parties entering into the agreement, including their legal status and registered addresses
2. Background: Context of the agreement, relationship between parties, and general purpose of the arrangement
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Agreement: Overview of products to be sold and services to be provided
5. Product Specifications: Detailed description of products, including quality standards and compliance requirements
6. Service Terms: Specific terms and conditions relating to service provision, including service levels and performance standards
7. Pricing and Payment Terms: Pricing structure for products and services, payment schedules, and payment methods
8. Delivery and Performance: Terms for product delivery and service execution, including timelines and logistics
9. Warranties and Representations: Warranties for products and services, including statutory warranties under Indonesian law
10. Liability and Indemnification: Allocation of risks and responsibilities between parties
11. Term and Termination: Duration of agreement and circumstances for termination
12. Confidentiality: Protection of confidential information and trade secrets
13. Governing Law and Dispute Resolution: Specification of Indonesian law as governing law and dispute resolution mechanisms
14. General Provisions: Standard boilerplate clauses including notices, amendments, and severability
1. Intellectual Property Rights: Required when the agreement involves transfer or licensing of intellectual property
2. Training and Support: Include when the agreement covers product training or ongoing technical support
3. Quality Assurance: Necessary when specific quality standards or certifications must be maintained
4. Insurance: Include when specific insurance coverage is required for products or services
5. Export/Import Compliance: Required for international sales or cross-border services
6. Data Protection: Include when personal data processing is involved in the services
7. Force Majeure: Optional but recommended to address unforeseen circumstances
8. Non-Competition: Include when restrictions on competitive activities are necessary
1. Product Schedule: Detailed list of products with specifications and prices
2. Service Level Agreement (SLA): Detailed service performance metrics and standards
3. Price List: Comprehensive pricing details for products and services
4. Technical Specifications: Detailed technical requirements and standards
5. Warranty Terms: Specific warranty conditions and procedures
6. Support Services Schedule: Details of support services, response times, and escalation procedures
7. Territory Schedule: Definition of geographical areas covered by the agreement
8. Contact Details: List of key contacts and authorized representatives from both parties
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