The Purchase Sale Agreement Form is a fundamental legal document used in German business and civil transactions to formalize the sale and purchase of goods, property, or assets. This template is designed to comply with German legal requirements, particularly the provisions of the German Civil Code (BGB) and Commercial Code (HGB). It is suitable for both business-to-business and business-to-consumer transactions, though specific provisions may vary depending on the nature of the parties involved. The document includes essential elements required under German law such as clear identification of parties, detailed description of the sale object, precise price and payment terms, delivery conditions, warranty provisions, and liability clauses. When used in international transactions, it may also address specific requirements related to cross-border trade and can include provisions regarding the application or exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
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1. Parties: Identification and details of the seller and buyer, including full legal names, addresses, and registration details for companies
2. Background: Context of the sale and brief description of the transaction purpose
3. Definitions: Definitions of key terms used throughout the agreement
4. Object of Sale: Detailed description of the goods or property being sold, including specifications and condition
5. Purchase Price: The agreed purchase price, currency, and payment terms
6. Payment Terms: Detailed payment schedule, method of payment, and any conditions attached to payment
7. Delivery Terms: Conditions and timing of delivery, transfer of possession, and associated costs
8. Transfer of Title: Terms regarding the transfer of ownership and risk
9. Warranties and Representations: Seller's warranties regarding the object of sale and buyer's acknowledgments
10. Defects and Liability: Handling of defects, warranty claims, and limitation of liability
11. Termination: Circumstances under which the agreement can be terminated and consequences
12. Governing Law and Jurisdiction: Specification of German law as governing law and jurisdiction for disputes
13. Final Provisions: Miscellaneous legal provisions including severability and entire agreement clauses
1. CISG Exclusion: Section explicitly excluding the UN Convention on Contracts for the International Sale of Goods (for international sales)
2. Retention of Title: Extended provisions for retention of title (Eigentumsvorbehalt) until full payment
3. Installment Payments: Detailed terms for payment in installments, if applicable
4. Quality Assurance: Specific quality standards and testing procedures for industrial goods
5. Intellectual Property: Rights and obligations regarding intellectual property, if relevant
6. Export Control: Compliance with export regulations for international sales
7. Insurance: Requirements for insurance during transit or specific insurance obligations
8. Force Majeure: Provisions for unforeseeable circumstances preventing performance
1. Technical Specifications: Detailed technical description of the object of sale
2. Payment Schedule: Detailed breakdown of payment installments and due dates
3. Delivery Schedule: Specific delivery dates and locations
4. Condition Report: Detailed report on the condition of used goods
5. Required Certifications: Copies of relevant certificates and permits
6. Transfer Documents: Forms and documents required for transfer of ownership
7. Warranty Certificate: Detailed warranty terms and conditions
8. Due Diligence Documents: Relevant inspection and verification documents
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