The Standard Contract of Sale is a fundamental commercial document used in Switzerland for transactions involving the transfer of goods between parties. This template is designed to comply with Swiss law, particularly the Swiss Code of Obligations, and can be used for both domestic and international sales (with appropriate modifications for CISG applicability). The document is suitable for various transaction types, from simple retail sales to complex industrial equipment purchases, and includes provisions for payment terms, delivery conditions, warranty obligations, and liability limitations. It's particularly useful for businesses engaging in regular sales activities in Switzerland, providing a standardized approach while allowing customization for specific transaction requirements. The contract template incorporates Swiss legal requirements for sales contracts while maintaining flexibility to accommodate various business needs and industry-specific considerations.
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1. Parties: Identification and details of the seller and buyer, including full legal names, addresses, and registration numbers
2. Background: Context of the sale and brief description of the transaction
3. Definitions: Definitions of key terms used throughout the contract
4. Object of Sale: Detailed description of the goods being sold, including quantity, quality, and specifications
5. Purchase Price: Price, currency, and payment terms including VAT considerations
6. Delivery: Delivery terms, timing, and location of delivery
7. Transfer of Ownership and Risk: Specific moment when ownership and risk transfer from seller to buyer
8. Warranties: Seller's warranties regarding the goods and their qualities
9. Defects and Claims: Process for claiming defects and seller's obligation to remedy
10. Liability: Extent and limitations of liability under Swiss law
11. Force Majeure: Circumstances excusing performance of obligations
12. Termination: Grounds and process for contract termination
13. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction
14. Miscellaneous: Standard provisions including severability, entire agreement, and amendments
1. CISG Exclusion: Section explicitly excluding CISG application if desired for international sales
2. Retention of Title: Section securing seller's rights until full payment, requiring registration in Swiss retention of title register
3. Intellectual Property Rights: Required when the sale involves goods with IP components
4. Confidentiality: Needed for sales involving sensitive information or trade secrets
5. Insurance: Details of required insurance coverage for high-value or risk items
6. Export Control: Required for international sales or controlled goods
7. Installation and Training: Needed when the sale includes setup services or user training
8. Maintenance and After-Sales Service: For goods requiring ongoing support or maintenance
1. Product Specification Schedule: Detailed technical specifications of the goods
2. Price List: Detailed breakdown of prices for multiple items or components
3. Delivery Schedule: Detailed timeline for delivery of goods, especially for multiple shipments
4. Warranty Terms: Detailed warranty conditions and procedures
5. Quality Requirements: Specific quality standards and testing procedures
6. Acceptance Protocol: Criteria and procedures for acceptance testing
7. Technical Documentation: Operating manuals, technical drawings, or other product documentation
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