The Business Sales Agreement is a fundamental commercial contract used in Saudi Arabia for business-to-business transactions involving the sale of goods or products. It serves as a comprehensive framework for establishing the rights, obligations, and responsibilities of both the seller and buyer, ensuring compliance with Saudi commercial laws and Sharia principles. This document is essential for companies engaging in significant B2B transactions within Saudi Arabia, particularly when dealing with regular supply arrangements, bulk purchases, or ongoing business relationships. The agreement needs to address specific Saudi regulatory requirements, including commercial registration details, VAT considerations (currently at 15%), and appropriate dispute resolution mechanisms referencing Saudi commercial courts. It's particularly important for businesses establishing long-term supply relationships or engaging in high-value transactions where detailed terms and conditions need to be clearly documented.
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1. Parties: Identification of the seller and buyer with full legal names, commercial registration numbers, and authorized representatives
2. Background: Context of the agreement and brief description of the business relationship
3. Definitions: Comprehensive definitions of terms used throughout the agreement
4. Sale and Purchase Obligation: Core obligations of both parties regarding the sale and purchase of goods
5. Price and Payment Terms: Detailed pricing structure, payment schedule, and payment methods (ensuring Sharia compliance)
6. Delivery and Acceptance: Terms regarding delivery, inspection, and acceptance of goods
7. Warranties and Representations: Warranties regarding quality, ownership, and compliance with Saudi regulations
8. Term and Termination: Duration of the agreement and circumstances for termination
9. Confidentiality: Obligations regarding confidential information protection
10. Force Majeure: Provisions for unforeseen circumstances preventing performance
11. Dispute Resolution: Sharia-compliant dispute resolution procedures and jurisdiction of Saudi courts
12. Governing Law: Explicit statement of Saudi law governance and Sharia compliance
13. General Provisions: Standard boilerplate clauses adapted to Saudi law requirements
1. Quality Control: Detailed quality standards and inspection procedures, necessary for technical or specialized products
2. Insurance: Insurance requirements, recommended for high-value transactions
3. Intellectual Property: IP rights and protections, needed if branded or proprietary products are involved
4. Training and Support: Terms for technical support or training, relevant for complex products
5. Export/Import Compliance: Required for international transactions
6. Agency Provisions: Needed if the sale involves distribution rights or agency relationships
7. Environmental Compliance: Required for products with environmental impact considerations
8. Data Protection: Necessary when transaction involves personal or sensitive data processing
1. Schedule 1 - Product Specifications: Detailed technical specifications of products being sold
2. Schedule 2 - Pricing Schedule: Detailed pricing structure, including any volume discounts
3. Schedule 3 - Delivery Schedule: Timing and logistics of deliveries
4. Schedule 4 - Quality Standards: Specific quality requirements and testing procedures
5. Schedule 5 - Service Level Agreement: Performance metrics and service standards if applicable
6. Appendix A - Required Certifications: Copies of necessary Saudi regulatory certifications
7. Appendix B - Form of Purchase Order: Standard form for ordering under the agreement
8. Appendix C - Acceptance Testing Procedures: Procedures for accepting delivered goods
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