The General Sales Agreement serves as the foundational document for establishing a formal sales relationship between parties under Swiss law. It is typically used when businesses or individuals engage in regular sales transactions that require a structured framework for ordering, delivery, payment, and warranty terms. The agreement incorporates key provisions required by Swiss commercial law, particularly the Code of Obligations (OR), and can be adapted for both domestic and international trade. For international transactions, it often interfaces with the UN Convention on International Sale of Goods (CISG), which Switzerland has ratified. The document's comprehensive nature makes it suitable for ongoing business relationships rather than one-off transactions, providing clarity on rights, obligations, and risk allocation between parties.
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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 agreement and brief description of the business relationship
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Agreement: General framework of the sales relationship and territory coverage
5. Ordering Process: Procedures for placing and accepting orders, including order confirmation requirements
6. Prices and Payment Terms: Pricing structure, payment methods, payment terms, and late payment consequences
7. Delivery and Transfer of Risk: Delivery terms, Incoterms if applicable, and point of risk transfer according to Swiss law
8. Quality and Specifications: Product quality requirements and compliance with Swiss technical standards
9. Warranty and Liability: Warranty terms under Swiss law, liability limitations, and claim procedures
10. Term and Termination: Duration of agreement and termination rights
11. Force Majeure: Events constituting force majeure and consequences
12. Confidentiality: Protection of confidential information exchanged during the business relationship
13. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction for disputes
14. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments
1. Minimum Purchase Requirements: Used when the buyer must commit to minimum purchase volumes
2. Exclusivity: Include when either party is granted exclusive rights in certain territories or product lines
3. Product Training and Support: Necessary when the products require specific training or ongoing support
4. Insurance Requirements: Include for high-value products or when specific insurance coverage is needed
5. Data Protection: Required when personal data processing is involved in the sales relationship
6. Intellectual Property: Include when the sale involves licensed technology or branded products
7. Export Control: Necessary for international sales or products subject to export restrictions
8. Consignment Stock: Include if products will be held on consignment basis
1. Schedule 1 - Product List: Detailed list of products covered by the agreement with specifications
2. Schedule 2 - Price List: Current prices and any volume-based discounts
3. Schedule 3 - Delivery Terms: Specific delivery timeframes and locations
4. Schedule 4 - Quality Specifications: Detailed quality requirements and testing procedures
5. Schedule 5 - Service Level Agreement: Performance metrics and response times if applicable
6. Appendix A - Order Form Template: Standard form for placing orders
7. Appendix B - Technical Documentation: Product technical specifications and compliance certificates
8. Appendix C - Warranty Procedures: Detailed warranty claim and return procedures
Authors
Relevant legal definitions
Clauses
Relevant Industries
Manufacturing
Retail
Wholesale
Technology
Consumer Goods
Industrial Equipment
Automotive
Electronics
Food and Beverage
Pharmaceutical
Chemical
Machinery
Textiles
Construction Materials
Medical Devices
Relevant Teams
Legal
Sales
Procurement
Commercial
Finance
Operations
Compliance
Supply Chain
Business Development
Contract Administration
Relevant Roles
Sales Director
Commercial Manager
Procurement Manager
Legal Counsel
Contract Manager
Business Development Manager
Supply Chain Manager
Chief Commercial Officer
Operations Director
Account Manager
Compliance Officer
Chief Financial Officer
Sales Operations Manager
General Counsel
Purchasing Director
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