The Business Sales Agreement Contract is a fundamental commercial document used to formalize business-to-business sales transactions under Belgian law. It serves as the primary agreement between companies engaged in the sale and purchase of goods or services, incorporating essential elements required by the Belgian Civil Code and the Code of Economic Law. This document is particularly relevant when establishing ongoing commercial relationships, large-scale transactions, or complex sales arrangements that require detailed terms and conditions. The agreement addresses key aspects such as product specifications, quality standards, delivery terms, payment conditions, and warranty provisions, while ensuring compliance with Belgian commercial regulations and relevant EU directives. It provides a robust legal framework that protects both parties' interests while facilitating smooth business operations in the Belgian market context.
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1. Parties: Formal identification of the contracting parties including full legal names, registration numbers, and registered addresses
2. Background: Context of the agreement, relationship between parties, and purpose of the contract
3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement
4. Scope of Sale: Detailed description of products/services being sold and core obligations of both parties
5. Price and Payment Terms: Pricing structure, payment schedules, invoicing requirements, and late payment consequences as per EU Directive 2011/7/EU
6. Delivery and Transfer of Risk: Delivery terms, transfer of risk provisions, and Incoterms where applicable
7. Quality and Warranties: Product quality specifications, warranties, and compliance with Belgian standards
8. Title Transfer: Terms governing the transfer of ownership of goods
9. Term and Termination: Duration of agreement and circumstances allowing termination
10. Liability and Indemnification: Limitation of liability and indemnification provisions compliant with Belgian law
11. Confidentiality: Protection of confidential information and trade secrets
12. Force Majeure: Events excusing performance and their consequences
13. Governing Law and Jurisdiction: Confirmation of Belgian law application and jurisdiction for disputes
14. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments
1. Intellectual Property Rights: Include when the sale involves software, branded products, or licensed content
2. Competition Compliance: Include for agreements that might impact market competition or involve territorial restrictions
3. Data Protection: Include when personal data processing is involved in the sale process
4. Export Control: Include for international sales or restricted products
5. Environmental Compliance: Include for products subject to environmental regulations
6. Quality Assurance Procedures: Include for technical or regulated products requiring specific quality controls
7. After-Sales Services: Include when maintenance or support services are part of the sale
8. Training and Documentation: Include when product requires user training or technical documentation
9. Insurance Requirements: Include for high-value or high-risk products
10. Customs and Import Duties: Include for international sales requiring customs clearance
1. Schedule 1 - Product Specifications: Detailed technical specifications of products being sold
2. Schedule 2 - Pricing Schedule: Detailed pricing structure, including any volume discounts or special pricing terms
3. Schedule 3 - Service Level Agreement: Performance metrics and service levels if applicable
4. Schedule 4 - Delivery Schedule: Detailed delivery timeframes and locations
5. Schedule 5 - Quality Standards: Specific quality requirements and testing procedures
6. Schedule 6 - Warranty Terms: Detailed warranty terms and claim procedures
7. Schedule 7 - Return and Replacement Procedures: Procedures for handling defective products or returns
8. Appendix A - Contact Details: Key contact persons and their details for both parties
9. Appendix B - Required Certifications: Copies of required certifications or compliance documents
10. Appendix C - Standard Forms: Standard forms for ordering, claims, or other routine processes
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