Cost Fixed Fee Contract Template for Switzerland

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Key Requirements PROMPT example:

Cost Fixed Fee Contract

"I need a Cost Fixed Fee Contract for a software development project worth 500,000 CHF, to be completed by March 2025, with specific provisions for source code ownership and staged payments linked to development milestones."

Document background
This Cost Fixed Fee Contract is designed for use in commercial transactions under Swiss law where parties seek to establish a clear, fixed-price arrangement for specific deliverables or services. It is particularly suitable when the scope of work can be well-defined upfront and the service provider is willing to assume the risk of cost variations. The document encompasses all essential elements required under the Swiss Code of Obligations, including detailed provisions for payment terms, quality standards, and warranty obligations. It's structured to provide comprehensive coverage of project execution requirements while maintaining flexibility for various business sectors. The agreement is commonly used for projects where budget certainty is a priority and both parties prefer to avoid the complexity of time-and-materials billing arrangements.
Suggested Sections

1. Parties: Identification and details of the contracting parties, including full legal names, addresses, and registration numbers

2. Background: Context of the agreement and brief description of why the parties are entering into this contract

3. Definitions: Definitions of key terms used throughout the agreement

4. Scope of Work: Detailed description of the work to be performed, deliverables, and specifications

5. Contract Price and Payment Terms: Fixed fee amount, payment schedule, invoicing requirements, and payment conditions

6. Timeline and Milestones: Project schedule, key deadlines, and delivery dates

7. Contractor's Obligations: Specific responsibilities and commitments of the contractor

8. Client's Obligations: Specific responsibilities and commitments of the client

9. Quality Standards: Required quality levels and acceptance criteria

10. Warranty: Warranty terms and conditions as per Swiss Code of Obligations

11. Liability and Indemnification: Limitation of liability and indemnification provisions

12. Intellectual Property Rights: Ownership and usage rights of project-related IP

13. Confidentiality: Protection of confidential information and trade secrets

14. Term and Termination: Duration of contract and termination provisions

15. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction

16. Miscellaneous: Standard boilerplate provisions including severability, entire agreement, and amendments

Optional Sections

1. Force Majeure: Provisions for unforeseen circumstances preventing performance - include if project is susceptible to external disruptions

2. Insurance: Insurance requirements and coverage details - include for high-risk or high-value projects

3. Performance Guarantees: Specific performance guarantees and associated penalties - include for complex technical projects

4. Change Management: Procedures for handling change requests - include for projects likely to require modifications

5. Subcontracting: Terms governing use of subcontractors - include if subcontracting is permitted

6. Site Access and Security: Rules for accessing client premises - include for on-site work

7. Environmental Requirements: Environmental compliance obligations - include for projects with environmental impact

8. Data Protection: GDPR and Swiss data protection requirements - include if personal data is processed

Suggested Schedules

1. Schedule 1 - Detailed Scope of Work: Comprehensive technical specifications and requirements

2. Schedule 2 - Payment Schedule: Detailed breakdown of payment milestones and amounts

3. Schedule 3 - Project Timeline: Detailed project schedule with all milestones and deadlines

4. Schedule 4 - Key Personnel: List of key team members and their roles

5. Schedule 5 - Technical Standards: Applicable technical standards and specifications

6. Schedule 6 - Testing and Acceptance Criteria: Detailed acceptance testing procedures and criteria

7. Appendix A - Required Forms and Templates: Standard forms for project management, reporting, and communications

8. Appendix B - Health and Safety Requirements: Safety procedures and requirements if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Construction

Information Technology

Manufacturing

Engineering

Professional Services

Consulting

Software Development

Industrial Services

Architecture

Research and Development

Telecommunications

Infrastructure Development

Relevant Teams

Legal

Procurement

Finance

Commercial

Operations

Project Management Office

Risk and Compliance

Business Development

Contract Administration

Technical Operations

Relevant Roles

Project Manager

Contract Manager

Legal Counsel

Commercial Director

Procurement Manager

Business Development Manager

Operations Manager

Finance Director

Chief Financial Officer

Program Manager

Account Executive

Risk Manager

Compliance Officer

Technical Director

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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