The Product Sales Agreement serves as a fundamental commercial contract establishing the legal framework for product sales transactions under Dutch law. It is essential for businesses engaged in selling or purchasing products, whether in domestic or international trade. This document is particularly important when parties need to clearly define their rights and obligations regarding product specifications, quality standards, delivery terms, and warranty provisions. The agreement must comply with Dutch Civil Code requirements, particularly Books 6 and 7, and may need to address the applicability of the CISG for international sales. It's commonly used in both B2B and B2C contexts, though consumer transactions require additional provisions to comply with Dutch consumer protection laws. The agreement typically includes detailed schedules for product specifications and pricing, making it a comprehensive framework for ongoing commercial relationships.
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1. Parties: Identification and details of the seller and buyer, including registration numbers and authorized representatives
2. Background: Context of the agreement and brief description of the parties' business relationship
3. Definitions: Definitions of key terms used throughout the agreement
4. Product Specifications: Detailed description of the products being sold, including quality standards and specifications
5. Ordering Process: Procedures for placing and accepting orders, including minimum order quantities if applicable
6. Pricing and Payment Terms: Product pricing, payment methods, payment terms, and consequences of late payment
7. Delivery and Transfer of Risk: Delivery terms, Incoterms if applicable, shipping arrangements, and transfer of risk provisions
8. Acceptance and Inspection: Procedures for product inspection, acceptance criteria, and rejection rights
9. Warranties: Product warranties, warranty period, and warranty claim procedures
10. Liability and Indemnification: Limitation of liability provisions (subject to Dutch law restrictions) and indemnification obligations
11. Term and Termination: Duration of the agreement and circumstances under which it can be terminated
12. Governing Law and Jurisdiction: Specification of Dutch law as governing law and jurisdiction for dispute resolution
13. General Provisions: Standard clauses including force majeure, notices, and entire agreement provisions
1. CISG Exclusion: Section explicitly excluding the application of the UN Convention on Contracts for the International Sale of Goods (if desired)
2. Intellectual Property Rights: Provisions regarding IP rights in the products, particularly relevant for branded or proprietary products
3. Confidentiality: Obligations regarding confidential information, needed if sensitive information is shared
4. Export Control: Compliance with export control regulations, necessary for international sales
5. Exclusive Territory: Territorial restrictions and exclusivity rights, if applicable
6. Product Returns: Procedures for product returns and restocking fees, particularly relevant for B2C sales
7. Quality Control: Detailed quality control procedures and standards, important for regulated products
8. Insurance: Insurance requirements for either party, particularly relevant for high-value products
9. Data Protection: GDPR compliance provisions if personal data is processed
10. After-Sales Service: Terms regarding maintenance, repair, and spare parts availability
1. Schedule 1 - Product Specifications: Detailed technical specifications, drawings, or descriptions of the products
2. Schedule 2 - Price List: Comprehensive price list including any volume discounts or special pricing arrangements
3. Schedule 3 - Service Level Agreement: Details of delivery times, response times for orders, and other performance metrics
4. Schedule 4 - Quality Standards: Specific quality standards, testing procedures, and acceptance criteria
5. Schedule 5 - Warranty Procedures: Detailed warranty claim procedures and warranty service requirements
6. Schedule 6 - Return Procedures: Specific procedures for product returns, including packaging and shipping requirements
7. Appendix A - Order Form Template: Standard form for placing orders under the agreement
8. Appendix B - Technical Documentation: Product manuals, technical specifications, and safety documentation
Relevant legal definitions
Clauses
Relevant Industries
Manufacturing
Retail
Consumer Goods
Industrial Equipment
Electronics
Automotive
Fashion and Apparel
Food and Beverage
Chemical Products
Construction Materials
Medical Devices
Technology
Agriculture
Pharmaceuticals
Relevant Teams
Legal
Sales
Procurement
Commercial
Operations
Supply Chain
Compliance
Finance
Business Development
Product Management
Quality Assurance
Customer Service
Logistics
International Trade
Relevant Roles
Legal Counsel
Commercial Director
Sales Manager
Procurement Manager
Contract Manager
Business Development Manager
Supply Chain Manager
Operations Director
Chief Commercial Officer
Product Manager
Compliance Officer
General Counsel
Sales Director
Purchasing Director
Export Manager
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