The Terms of Sale Agreement serves as a fundamental commercial document in Saudi Arabian business transactions, establishing legally binding terms for the sale of goods or products. This document is essential when businesses or individuals engage in regular sales transactions and require a standardized framework for their commercial relationships. The agreement must comply with Saudi Arabian law, including Sharia principles, the Commercial Court Law, E-commerce regulations, and Consumer Protection Laws. It typically covers critical aspects such as product specifications, pricing, payment terms, delivery conditions, warranties, and dispute resolution mechanisms. The document is particularly important in the Saudi context as it must balance international commercial practices with local legal requirements, including VAT considerations and Islamic financial principles.
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1. Parties: Identification of seller and buyer with full legal names, commercial registration numbers, and authorized representatives
2. Background: Context of the agreement and brief description of the business relationship
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Sale: Description of products/goods being sold and general terms of sale
5. Price and Payment Terms: Pricing details, payment methods, currency, and payment schedule including VAT considerations
6. Delivery and Transfer of Title: Delivery terms, timing, transfer of risk and ownership compliant with Sharia principles
7. Product Specifications: Detailed description of products, quality standards, and compliance requirements
8. Warranties and Representations: Warranties provided for products and representations of both parties
9. Return and Refund Policy: Conditions and procedures for returns and refunds
10. Term and Termination: Duration of agreement and circumstances for termination
11. Confidentiality: Protection of confidential information shared between parties
12. Governing Law and Jurisdiction: Specification of Saudi law as governing law and jurisdiction for disputes
13. General Provisions: Standard boilerplate clauses including force majeure, notices, and amendments
1. Electronic Commerce Terms: Additional terms for online sales, required if products are sold through electronic platforms
2. International Shipping Terms: Special provisions for international sales, including import/export requirements
3. Intellectual Property Rights: Protection of IP rights, needed if products involve patents, trademarks, or copyrights
4. Distribution Rights: Terms for exclusive/non-exclusive distribution rights, if applicable
5. Quality Control: Specific quality control procedures, important for regulated products
6. Insurance Requirements: Specific insurance obligations for high-value or high-risk products
7. Compliance with Industry Standards: Required for regulated industries or specific product categories
1. Schedule 1 - Product List: Detailed list of products with specifications and prices
2. Schedule 2 - Payment Schedule: Detailed payment terms, installments, and conditions if applicable
3. Schedule 3 - Delivery Terms: Specific delivery locations, timeframes, and requirements
4. Schedule 4 - Quality Standards: Detailed quality specifications and testing procedures
5. Schedule 5 - Warranty Terms: Detailed warranty conditions and claim procedures
6. Appendix A - Required Certifications: Copies of required product certifications or compliance documents
7. Appendix B - Return Procedures: Detailed procedures for product returns and replacements
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