An International Sales Contract is essential for businesses engaged in cross-border trade of goods where Swiss law governs the transaction. This document is particularly relevant when at least one party is based in Switzerland or when parties choose Swiss law for its neutrality and well-developed commercial legal framework. The contract combines international trade practices with Swiss legal requirements, incorporating CISG provisions (unless explicitly excluded) and the Swiss Code of Obligations. It's designed to address all crucial aspects of international sales, including detailed product specifications, pricing mechanisms, delivery terms using Incoterms, quality requirements, warranty provisions, and risk allocation. The document is especially important for high-value transactions or ongoing supply relationships where clear legal framework and risk allocation are essential.
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1. Parties: Identification and details of the seller and buyer, including full legal names, registration numbers, and addresses
2. Background: Context of the transaction and relationship between the parties
3. Definitions: Definitions of key terms used throughout the agreement
4. Subject Matter of Sale: Detailed description of the goods being sold
5. Price and Payment Terms: Purchase price, currency, payment method, and payment schedule
6. Delivery Terms: Delivery obligations, Incoterms, delivery schedule, and transfer of risk
7. Quality and Inspection: Quality standards, inspection procedures, and acceptance criteria
8. Title and Risk: Transfer of title and risk allocation
9. Warranties: Seller's warranties regarding the goods and any warranty limitations
10. Compliance with Laws: Obligations to comply with applicable laws and regulations
11. Term and Termination: Duration of the agreement and termination rights
12. Force Majeure: Events excusing performance and their consequences
13. Governing Law and Jurisdiction: Choice of Swiss law and jurisdiction provisions
14. Notices: Method and addresses for formal communications
15. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments
1. CISG Exclusion: Section explicitly excluding CISG application if parties choose to rely solely on Swiss domestic law
2. Intellectual Property Rights: Include when goods involve patents, trademarks, or other IP rights
3. Confidentiality: Add when sensitive information will be exchanged
4. Insurance: Include when specific insurance requirements are needed beyond standard delivery terms
5. Export Control: Required when goods are subject to export control regulations
6. After-Sales Services: Include for goods requiring installation, maintenance, or technical support
7. Training: Add when seller must provide training on use of goods
8. Bank Guarantees: Include when payment security is required
9. Liquidated Damages: Add when specific compensation for delay or non-performance should be pre-defined
10. Competition Restrictions: Include when territorial or customer restrictions apply to the buyer
1. Technical Specifications: Detailed technical description of the goods
2. Price List: Detailed pricing information, especially for multiple products or volume-based pricing
3. Delivery Schedule: Detailed timeline for deliveries, especially for multiple shipments
4. Quality Standards: Specific quality requirements, testing procedures, and acceptance criteria
5. Form of Bank Guarantee: Template for any required bank guarantees
6. After-Sales Service Requirements: Detailed description of service levels and support requirements
7. Compliance Requirements: Specific regulatory or certification requirements
8. Warranty Procedures: Detailed warranty claim procedures and requirements
9. Insurance Requirements: Specific insurance coverage requirements and certificates
10. Authorized Representatives: List of authorized representatives for various contract matters
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