The Sale of Equipment Contract is a vital commercial agreement used when one party wishes to sell and another party wishes to purchase industrial, commercial, or specialized equipment. This document is specifically designed to comply with Dutch legal requirements and the Dutch Civil Code (Burgerlijk Wetboek), particularly Books 6 and 7 regarding contracts and sales. It is commonly used in business-to-business transactions where detailed specifications, warranty terms, and delivery conditions need to be clearly defined. The contract typically includes comprehensive provisions about equipment specifications, acceptance testing, liability allocation, and warranty terms, and can be customized to include installation, training, or maintenance services. This template is particularly relevant for transactions within the Netherlands or international transactions where parties have chosen Dutch law as the governing law.
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1. Parties: Identification and details of the seller and buyer, including full legal names, registration numbers, and addresses
2. Background: Context of the sale and brief description of the parties' intentions
3. Definitions: Definitions of key terms used throughout the agreement
4. Equipment Description: General description of the equipment being sold, referring to detailed specifications in the schedule
5. Price and Payment Terms: Purchase price, payment schedule, method of payment, and consequences of late payment
6. Delivery and Transfer of Risk: Delivery terms, location, timing, and point at which risk transfers to the buyer
7. Title and Ownership: Terms regarding transfer of title and any retention of title provisions
8. Warranties and Representations: Warranties regarding equipment condition, performance, and compliance with specifications
9. Inspection and Acceptance: Procedures for inspecting the equipment and accepting or rejecting delivery
10. Liability and Indemnification: Limitations of liability and indemnification obligations of both parties
11. Force Majeure: Circumstances excusing performance and procedures for handling force majeure events
12. Term and Termination: Duration of the agreement and grounds for termination
13. Governing Law and Jurisdiction: Specification of Dutch law as governing law and jurisdiction for disputes
14. General Provisions: Standard boilerplate clauses including notices, amendments, and severability
1. Installation Services: Include when the seller is responsible for installing the equipment
2. Training and Support: Include when the seller will provide training or ongoing technical support
3. Maintenance Services: Include when the seller will provide maintenance services
4. Software License: Include when the equipment includes software components
5. Export Control: Include for international sales or equipment subject to export restrictions
6. Insurance: Include when specific insurance requirements are needed beyond standard coverage
7. Intellectual Property Rights: Include when IP rights are relevant to the equipment or associated technology
8. Confidentiality: Include when confidential information will be exchanged
9. Bank Guarantee: Include when payment security is required
1. Schedule 1 - Technical Specifications: Detailed technical specifications of the equipment
2. Schedule 2 - Pricing Breakdown: Detailed breakdown of the purchase price including any additional costs
3. Schedule 3 - Delivery Schedule: Detailed timeline for delivery and/or installation
4. Schedule 4 - Acceptance Testing Procedures: Detailed procedures for testing and accepting the equipment
5. Schedule 5 - Warranty Terms: Detailed warranty terms and procedures
6. Appendix A - Equipment Documentation: Operating manuals, maintenance instructions, and other technical documentation
7. Appendix B - Service Level Agreement: Details of any ongoing service or support commitments
8. Appendix C - Compliance Certificates: Required safety certificates and compliance documentation
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