The Commercial Purchase And Sale Agreement is a fundamental business document used in the United Arab Emirates for structuring commercial transactions between business entities. This agreement is essential when companies engage in significant purchase and sale transactions of goods, materials, or assets, requiring detailed terms and conditions that comply with UAE Federal Law No. 18 of 1993 (Commercial Transactions Law) and related regulations. It's particularly relevant for cross-emirate transactions and international trade involving UAE entities, incorporating necessary provisions for commercial registration, consumer protection, and anti-fraud compliance. The document typically includes comprehensive sections on payment terms, delivery conditions, warranties, and dispute resolution mechanisms, all aligned with UAE commercial law requirements and local business practices.
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1. Parties: Identification of buyer and seller with full legal names, commercial registration numbers, and authorized representatives
2. Background: Context of the transaction and relationship between the parties
3. Definitions: Detailed definitions of key terms used throughout the agreement
4. Sale and Purchase: Core transaction terms including description of goods/assets being sold
5. Purchase Price: Price, payment terms, method of payment, and currency
6. Delivery: Delivery terms, timing, location, and transfer of risk
7. Title and Risk: Transfer of ownership and risk provisions
8. Warranties and Representations: Standard warranties regarding ownership, quality, and condition of goods
9. Inspection and Acceptance: Procedures for inspection and acceptance of goods
10. Term and Termination: Duration of agreement and grounds for termination
11. Confidentiality: Protection of confidential information exchanged during the transaction
12. Governing Law and Jurisdiction: Specification of UAE law as governing law and jurisdiction for disputes
13. Force Majeure: Events excusing performance under UAE law
14. Notices: Communication methods and contact details for official notices
15. General Provisions: Standard boilerplate clauses including entire agreement, amendments, and severability
1. Quality Assurance: Detailed quality standards and testing procedures, used for complex manufacturing or technical products
2. Intellectual Property: IP rights and licenses, included when the sale involves software, technology or branded products
3. Training and Support: Post-sale support obligations, relevant for technical equipment or complex products
4. Insurance: Insurance requirements for high-value transactions or where specific risks need coverage
5. Import/Export: Compliance with UAE trade regulations, needed for international transactions
6. Shariah Compliance: Islamic finance principles, included when required by parties or financing arrangements
7. Anti-Corruption: Compliance with UAE anti-corruption laws, particularly important in government-related transactions
8. Environmental Compliance: Environmental standards and requirements, relevant for industrial goods or chemicals
1. Schedule 1 - Product Specifications: Detailed technical specifications of products being sold
2. Schedule 2 - Pricing Schedule: Detailed pricing information, including any volume discounts or price adjustment mechanisms
3. Schedule 3 - Delivery Schedule: Detailed delivery timelines and locations
4. Schedule 4 - Quality Standards: Specific quality requirements and testing procedures
5. Schedule 5 - Warranty Terms: Detailed warranty terms and procedures
6. Appendix A - Required Certifications: Copies of required UAE certifications and compliance documents
7. Appendix B - Form of Acceptance Certificate: Template for formal acceptance of delivered goods
8. Appendix C - Technical Documentation: Product manuals, maintenance procedures, and technical specifications
Relevant legal definitions
Clauses
Relevant Industries
Manufacturing
Retail
Wholesale
Technology
Industrial Equipment
Consumer Goods
Automotive
Construction Materials
Electronics
Textiles
Food and Beverage
Pharmaceuticals
Chemical Products
Agricultural Products
Energy Equipment
Relevant Teams
Legal
Procurement
Sales
Finance
Operations
Compliance
Supply Chain
Risk Management
Commercial Operations
Contract Administration
Relevant Roles
Procurement Manager
Commercial Director
Supply Chain Manager
Contract Administrator
Legal Counsel
Sales Director
Business Development Manager
Operations Manager
Finance Manager
Compliance Officer
Import/Export Manager
Chief Financial Officer
General Manager
Commercial Manager
Risk Manager
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