The Long Term Supplier Agreement is essential for businesses establishing sustained supply relationships under Swiss law. It is particularly suited for situations requiring regular, ongoing supply of goods or services over an extended period, typically one year or more. The agreement comprehensively addresses commercial, operational, and legal aspects of the supply relationship, including ordering processes, quality standards, pricing mechanisms, and risk allocation. It incorporates specific requirements of Swiss contract law, particularly the Swiss Code of Obligations, while providing flexibility for international trade considerations. This document type is commonly used in manufacturing, technology, and other industrial sectors where stable, long-term supply arrangements are crucial for business operations.
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1. Parties: Identification and details of the contracting parties, including registration numbers and addresses
2. Background: Context of the agreement and brief description of the parties' business relationship
3. Definitions: Detailed definitions of terms used throughout the agreement
4. Scope of Supply: Detailed description of products/services to be supplied, including quality standards and specifications
5. Ordering Process: Procedures for placing and accepting orders, including lead times and minimum order quantities
6. Prices and Payment Terms: Pricing structure, payment terms, invoicing procedures, and currency provisions
7. Delivery and Risk: Delivery terms, Incoterms, transfer of risk and title provisions
8. Quality Requirements: Quality standards, testing procedures, and acceptance criteria
9. Warranties: Product/service warranties and quality guarantees
10. Liability and Indemnification: Allocation of risks, limitation of liability, and indemnification obligations
11. Term and Termination: Duration of agreement, renewal provisions, and termination rights
12. Confidentiality: Protection of confidential information and trade secrets
13. Force Majeure: Events constituting force majeure and consequences
14. Governing Law and Jurisdiction: Swiss law governance and jurisdiction provisions
15. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments
1. Intellectual Property Rights: Required when the supply involves licensed technology, patents, or other IP rights
2. Exclusivity: Include when parties agree to exclusive supply or purchase obligations
3. Volume Commitments: Include when there are minimum purchase or supply obligations
4. Change Management: Required for agreements where product/service specifications may evolve
5. Compliance with Laws: Detailed section needed for regulated industries or cross-border supply
6. Environmental Requirements: Include for supplies involving environmental considerations or regulations
7. Data Protection: Required when personal data processing is involved
8. Insurance: Detailed insurance requirements for high-value or high-risk supplies
9. Business Continuity: Important for critical supply relationships
10. Anti-Corruption: Required for international trade or public sector supplies
1. Schedule 1 - Product/Service Specifications: Detailed technical specifications of products or services
2. Schedule 2 - Pricing Schedule: Detailed pricing information, including any volume discounts or price adjustment mechanisms
3. Schedule 3 - Service Levels: Performance metrics and service level requirements
4. Schedule 4 - Quality Standards: Detailed quality requirements and testing procedures
5. Schedule 5 - Key Contacts: List of key personnel and escalation procedures
6. Schedule 6 - Locations: Delivery locations and facility details
7. Schedule 7 - Technical Support: Support and maintenance procedures
8. Appendix A - Order Form Template: Standard form for placing orders
9. Appendix B - Acceptance Test Procedures: Procedures for accepting deliveries
10. Appendix C - Compliance Certificates: Required compliance and certification documents
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