The Buy Sell Contract is a fundamental commercial document used in Indonesian business transactions to formalize the sale and purchase of goods or assets. This document is essential when parties need to establish clear terms for a sale transaction, whether for a one-time purchase or recurring supply arrangement. It incorporates key requirements under Indonesian law, including the Civil Code (Kitab Undang-undang Hukum Perdata) and Trade Law (Undang-Undang Perdagangan), ensuring the agreement is enforceable in Indonesian courts. The contract typically covers crucial elements such as product specifications, pricing, payment terms, delivery conditions, warranties, and risk transfer, while also addressing specific requirements for different types of goods and transaction values. It's particularly important for business transactions requiring formal documentation and clear allocation of rights and responsibilities between parties.
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1. Parties: Identification and details of the seller and buyer, including registration numbers for companies
2. Background: Context of the transaction and relationship between the parties
3. Definitions: Definitions of key terms used throughout the agreement
4. Object of Sale: Detailed description of the goods or assets being sold
5. Purchase Price: Amount, currency, and payment terms
6. Payment Terms: Payment schedule, method, and conditions
7. Delivery: Terms and conditions of delivery, including timing and location
8. Transfer of Title: Conditions and timing for transfer of ownership
9. Representations and Warranties: Statements of fact and promises by both parties regarding the transaction
10. Rights and Obligations: Specific duties and rights of each party
11. Force Majeure: Provisions for unforeseen circumstances preventing contract performance
12. Governing Law: Confirmation of Indonesian law as governing law
13. Dispute Resolution: Process for resolving disputes between parties
14. Notices: How formal communications between parties should be made
15. Execution: Signature blocks and execution requirements
1. Quality Inspection: Procedures for quality inspection of goods, used when selling goods that require quality verification
2. Insurance: Insurance requirements for the goods during transit, used for high-value items or international sales
3. Intellectual Property: IP rights provisions, used when the sale involves products with associated IP rights
4. Confidentiality: Confidentiality obligations, used when sensitive information is exchanged
5. Tax Provisions: Specific tax arrangements, used for high-value transactions or cross-border sales
6. Export/Import Requirements: Compliance with international trade laws, used for cross-border transactions
7. Assignment: Rights to assign the contract, used when transfer rights may be needed
8. Term and Termination: Used for ongoing supply arrangements rather than one-time sales
1. Schedule 1 - Product Specifications: Detailed technical specifications of the goods being sold
2. Schedule 2 - Pricing Details: Detailed breakdown of pricing, including any variable components
3. Schedule 3 - Delivery Schedule: Detailed timeline for delivery if multiple deliveries are involved
4. Schedule 4 - Quality Standards: Specific quality requirements and testing procedures
5. Schedule 5 - Form of Acceptance Certificate: Template for formal acceptance of goods
6. Appendix A - Required Documents: List of documents required for the transaction
7. Appendix B - Technical Documentation: Operating manuals, maintenance requirements, or other technical documents
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