This document serves as a foundational template for business relationships under Swiss jurisdiction where statutory liability must be maintained. The No Liability Waiver contract type specifically addresses the Swiss legal requirement that certain liabilities cannot be waived or limited, particularly those related to willful misconduct or gross negligence under Article 100 of the Swiss Code of Obligations. It is designed for use in professional contexts where clear delineation of responsibilities is crucial, such as professional services, healthcare, or high-risk industrial operations. The document includes comprehensive provisions for performance standards, statutory compliance, insurance requirements, and dispute resolution, while ensuring that all mandatory liability provisions under Swiss law are preserved. It is particularly relevant when establishing business relationships that require high levels of professional accountability and compliance with Swiss regulatory requirements.
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1. Parties: Identification and details of all contracting parties, including full legal names, addresses, and registration numbers where applicable
2. Background: Context of the agreement and brief description of why the parties are entering into this contract
3. Definitions: Clear definitions of key terms used throughout the agreement, including technical terms and abbreviated references
4. Scope of Services/Obligations: Detailed description of services to be provided or obligations of each party, with clear deliverables and standards
5. Performance Standards: Specific standards and quality levels that must be met in the performance of obligations
6. Compensation and Payment Terms: Details of payment amounts, schedules, and methods, including any applicable taxes
7. Duration and Termination: Contract term, renewal provisions, and circumstances under which the contract may be terminated
8. Statutory Liabilities: Clear statement of statutory liabilities and mandatory legal obligations under Swiss law
9. Insurance Requirements: Mandatory insurance coverage requirements for all parties
10. Confidentiality: Provisions regarding the protection and handling of confidential information
11. Dispute Resolution: Procedures for handling disputes, including jurisdiction under Swiss law and competent courts
12. General Provisions: Standard contractual provisions including entire agreement, severability, and amendments
1. Intellectual Property Rights: Required when the agreement involves creation, licensing, or transfer of intellectual property
2. Data Protection: Required when personal data processing is involved, ensuring compliance with Swiss data protection laws
3. Force Majeure: Optional clause defining circumstances beyond parties' control that may affect contract performance
4. Personnel Requirements: Required when specific qualifications or certifications are necessary for service delivery
5. Quality Control Procedures: Required for agreements involving manufacturing or service delivery with specific quality standards
6. Regulatory Compliance: Required when the agreement involves regulated industries or activities
7. Environmental Standards: Required when environmental impacts or sustainability requirements are relevant
1. Schedule 1 - Service Specifications: Detailed technical specifications of services or products to be provided
2. Schedule 2 - Price List: Detailed breakdown of prices, rates, and payment schedules
3. Schedule 3 - Performance Metrics: Specific metrics and KPIs for measuring performance
4. Schedule 4 - Insurance Certificates: Copies of required insurance policies and coverage details
5. Schedule 5 - Contact Details: List of key contacts and authorized representatives for both parties
6. Appendix A - Technical Requirements: Detailed technical specifications and requirements
7. Appendix B - Compliance Documentation: Required certificates, permits, and compliance documentation
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