The Supply And Installation Agreement is a specialized contract used when a supplier not only provides equipment or systems but also takes responsibility for their installation at the customer's premises. This document is particularly important in complex industrial, technological, or infrastructure projects where proper installation is crucial for the equipment's functionality. Under Swiss law, it combines elements of both sales contracts (Kaufvertrag) and work contracts (Werkvertrag), requiring careful consideration of the Swiss Code of Obligations' provisions. The agreement typically includes detailed technical specifications, delivery terms, installation procedures, testing protocols, warranty provisions, and liability arrangements. It's designed to clearly delineate responsibilities, minimize potential disputes, and ensure compliance with Swiss technical standards and safety regulations. This type of agreement is especially relevant when the proper functioning of the supplied equipment depends significantly on correct installation.
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Key Requirements PROMPT example:
Supply And Installation Agreement
"I need a Supply and Installation Agreement for industrial manufacturing equipment worth CHF 2.5 million, including installation at our Zurich facility by March 2025, with specific provisions for testing periods and staff training."
1. Parties: Identification and details of the supplier/contractor and the customer
2. Background: Context of the agreement and brief description of the project scope
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Supply and Installation: Detailed description of goods to be supplied and installation services to be provided
5. Price and Payment Terms: Contract price, payment schedule, invoicing requirements, and payment conditions
6. Delivery and Installation Timeline: Delivery schedule, installation milestones, and completion dates
7. Site Access and Preparation: Requirements for site preparation, access conditions, and customer obligations
8. Testing and Commissioning: Procedures for testing, acceptance criteria, and commissioning requirements
9. Warranties and Guarantees: Warranty terms for both equipment and installation work
10. Liability and Insurance: Liability provisions, insurance requirements, and indemnification
11. Force Majeure: Events constituting force majeure and their consequences
12. Intellectual Property: IP rights, licenses, and protection measures
13. Confidentiality: Confidentiality obligations and permitted disclosures
14. Term and Termination: Duration of agreement and termination provisions
15. Governing Law and Dispute Resolution: Choice of Swiss law and dispute resolution mechanisms
1. Training: Training requirements for customer's personnel - include when training is part of the scope
2. Maintenance Services: Post-installation maintenance terms - include when ongoing maintenance is offered
3. Spare Parts: Provisions for spare parts supply - include for complex equipment
4. Software License: Software licensing terms - include when software is part of the supply
5. Export Control: Export control compliance - include for international transactions
6. Environmental Compliance: Environmental requirements - include for environmentally sensitive installations
7. Performance Guarantees: Specific performance metrics - include when performance levels are guaranteed
8. Step-In Rights: Customer's right to step in - include for critical installations
1. Technical Specifications: Detailed specifications of equipment and installation requirements
2. Price Schedule: Detailed breakdown of prices, rates, and payment milestones
3. Project Timeline: Detailed project schedule with milestones and deadlines
4. Site Requirements: Specific site preparation and access requirements
5. Testing Protocol: Detailed testing and commissioning procedures
6. Warranty Terms: Detailed warranty conditions and procedures
7. Health and Safety Requirements: Safety protocols and requirements for installation work
8. Form of Performance Bank Guarantee: Template for any required bank guarantees
9. Quality Assurance Plan: Quality control procedures and requirements
10. Acceptance Certificate Template: Template for provisional and final acceptance certificates
Authors
Relevant legal definitions
Clauses
Relevant Industries
Manufacturing
Construction
Energy
Technology and Telecommunications
Industrial Equipment
Healthcare and Medical Devices
Infrastructure
Renewable Energy
Oil and Gas
Chemical and Process Industry
Data Centers
Building Automation
Relevant Teams
Legal
Procurement
Operations
Engineering
Project Management
Quality Assurance
Health and Safety
Technical Services
Commercial
Risk Management
Supply Chain
Facilities Management
Relevant Roles
Procurement Manager
Project Manager
Technical Director
Operations Manager
Facilities Manager
Contract Manager
Legal Counsel
Chief Technical Officer
Engineering Manager
Quality Assurance Manager
Installation Supervisor
Supply Chain Manager
Risk Manager
Commercial Director
Health and Safety Officer
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