The Product Sales Agreement Contract is a fundamental commercial document used to formalize the sale of products between businesses in the Netherlands and international markets. This agreement is essential when establishing ongoing product supply relationships, whether for single large transactions or recurring orders. It complies with Dutch law, specifically the Dutch Civil Code (Burgerlijk Wetboek) and relevant EU regulations, making it suitable for both domestic and international trade involving Dutch entities. The document typically includes comprehensive terms covering product specifications, pricing, delivery, quality standards, warranties, and risk allocation, while incorporating necessary protections for both parties. It's particularly important for businesses engaged in regular commercial transactions where clear terms and conditions need to be established to ensure smooth business operations and minimize potential disputes.
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1. Parties: Identification and details of the seller and buyer, including registered addresses and company details
2. Background: Context of the agreement and brief description of the business relationship
3. Definitions: Definitions of key terms used throughout the agreement
4. Product Specifications: Description of the products being sold, including quality standards and specifications
5. Ordering Process: Procedures for placing and accepting orders, including minimum order quantities if applicable
6. Prices and Payment: Pricing terms, payment methods, payment schedules, and invoicing procedures
7. Delivery and Transfer of Risk: Delivery terms, timeframes, Incoterms, and point of transfer of risk
8. Title and Risk: Transfer of ownership and risk allocation
9. Quality and Inspection: Quality standards, inspection rights, and acceptance procedures
10. Warranties: Product warranties and quality guarantees
11. Liability and Indemnification: Limitation of liability and indemnification obligations
12. Term and Termination: Duration of the agreement and termination provisions
13. Governing Law and Jurisdiction: Specification of Dutch law as governing law and jurisdiction for disputes
14. General Provisions: Standard boilerplate clauses including entire agreement, amendments, and notices
1. Exclusivity: Terms regarding exclusive distribution rights or territories, used when granting exclusive rights to the buyer
2. Minimum Purchase Requirements: Minimum purchase obligations, included when there are volume commitments
3. Product Returns: Procedures for returning products, necessary for retail or consumer goods contracts
4. Insurance: Insurance requirements, important for high-value products or specific industry requirements
5. Intellectual Property: IP rights and licenses, needed when products involve trademarks or patents
6. Confidentiality: Confidentiality obligations, important when sharing sensitive information
7. Force Majeure: Force majeure provisions, particularly relevant in long-term supply relationships
8. Marketing and Promotion: Terms regarding product marketing and promotion, relevant for retail or branded products
9. Data Protection: GDPR compliance provisions, required when personal data is processed
10. Export Control: Export control provisions, necessary for international sales
1. Product Schedule: Detailed list of products with specifications, prices, and SKU numbers
2. Price List: Comprehensive pricing information, including any volume discounts or special pricing terms
3. Quality Specifications: Detailed quality requirements and testing procedures
4. Service Level Agreement: Delivery timeframes and performance metrics
5. Technical Specifications: Detailed technical requirements and product specifications
6. Warranty Terms: Detailed warranty terms and procedures
7. Territory Schedule: Definition of sales territories if geographically restricted
8. Contact Details: List of key contacts for both parties for various functions (ordering, technical support, etc.)
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