The Simple Sales Agreement is a fundamental commercial contract used to formalize sale transactions under Swiss law. This document is particularly suitable for straightforward sales transactions where parties need to clearly document the essential terms of their deal while ensuring compliance with Swiss legal requirements, particularly the Swiss Code of Obligations. The agreement can be used for both domestic and international sales (with appropriate CISG considerations) and is adaptable to various transaction types and values. It typically includes key provisions on product specifications, pricing, delivery, warranties, and risk transfer, while maintaining sufficient flexibility to accommodate specific business needs. The Simple Sales Agreement is commonly used by businesses of all sizes operating in Switzerland and serves as a crucial tool for documenting sales transactions in a legally compliant manner.
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1. Parties: Identification and details of the seller and buyer, including full legal names, addresses, and registration numbers if applicable
2. Background: Brief context of the sale and the parties' intention to enter into the agreement
3. Definitions: Key terms used throughout the agreement
4. Subject Matter of Sale: Clear description of the goods being sold, including quantity and specifications
5. Purchase Price: The agreed price, currency, and payment terms
6. Delivery: Delivery terms, timing, and location of delivery
7. Transfer of Title and Risk: When and how ownership and risk transfer from seller to buyer
8. Warranties: Standard warranties regarding the goods' quality and conformity
9. Defects and Claims: Process for reporting defects and making warranty claims
10. Termination: Circumstances under which the agreement can be terminated
11. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction
12. Signatures: Execution blocks for both parties
1. CISG Exclusion: Section explicitly excluding the application of the UN Convention on Contracts for the International Sale of Goods - use for international sales where CISG should not apply
2. Intellectual Property: Provisions regarding IP rights in the goods - include when selling products with significant IP components
3. Confidentiality: Obligations regarding confidential information - include when sensitive information is shared
4. Insurance: Insurance requirements for the goods - include for high-value items or when specific risks need coverage
5. Force Majeure: Provisions for unforeseen circumstances - include when long-term or complex delivery arrangements exist
6. Compliance with Laws: Specific regulatory compliance obligations - include when selling regulated products
7. Data Protection: FADP compliance provisions - include when personal data is processed
1. Product Specification Schedule: Detailed technical specifications of the goods
2. Price List: Detailed pricing information, especially for multiple items or volume-based pricing
3. Delivery Schedule: Detailed delivery timelines and locations, particularly for multiple deliveries
4. Quality Standards: Specific quality requirements and testing procedures
5. Warranty Terms: Detailed warranty conditions and claim procedures
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