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Exclusive Purchase Agreement

Exclusive Purchase Agreement Template for Switzerland

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Key Requirements PROMPT example:

Exclusive Purchase Agreement

"I need an Exclusive Purchase Agreement under Swiss law for my pharmaceutical company to be the sole purchaser of a newly developed active ingredient from a Swiss manufacturer, with a minimum annual purchase commitment of 1000kg and quality control requirements, starting March 2025."

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Document background
An Exclusive Purchase Agreement is a crucial commercial contract used when a buyer wishes to secure exclusive rights to purchase specific products from a supplier, often in exchange for volume commitments or other commercial benefits. This document, governed by Swiss law, is particularly important in industries where securing reliable supply chains and maintaining consistent product quality are essential. The agreement typically includes detailed terms on exclusivity scope, minimum purchase obligations, pricing mechanisms, and quality requirements. It must comply with Swiss contract law principles, particularly the Swiss Code of Obligations, while also considering competition law implications. The document is commonly used in manufacturing, distribution, and supply chain relationships where long-term, stable supplier-buyer relationships are valued.
Suggested Sections

1. Parties: Identification and details of the seller and purchaser

2. Background: Context of the agreement and business relationship

3. Definitions: Key terms used throughout the agreement

4. Scope of Exclusivity: Details of the exclusive purchasing arrangement and territorial scope

5. Products: Description and specification of products covered by the agreement

6. Purchase Commitments: Minimum purchase obligations and forecasting requirements

7. Ordering Process: Procedures for placing and accepting orders

8. Prices and Payment: Pricing structure, payment terms, and any price adjustment mechanisms

9. Delivery and Risk: Delivery terms, transfer of risk, and Incoterms if applicable

10. Quality Requirements: Product quality standards and quality control procedures

11. Term and Termination: Duration of agreement and termination provisions

12. Confidentiality: Protection of confidential information

13. Governing Law and Jurisdiction: Application of Swiss law and jurisdiction

14. General Provisions: Standard boilerplate clauses including entire agreement, amendments, etc.

Optional Sections

1. Non-Competition: Additional restrictions on seller's activities in the market, used when broader protection is needed

2. Marketing and Promotion: Requirements for marketing activities, included when seller must support promotional efforts

3. Insurance: Insurance requirements, included for high-value or high-risk products

4. Intellectual Property: IP rights and licensing provisions, needed when branded products are involved

5. Compliance: Specific regulatory compliance obligations, included for regulated industries

6. Force Majeure: Provisions for unforeseen circumstances, recommended for long-term agreements

7. Data Protection: Privacy and data protection provisions, needed when personal data is processed

8. Environmental Compliance: Environmental standards and requirements, relevant for products with environmental impact

Suggested Schedules

1. Product Specifications: Detailed technical specifications of products

2. Price List: Current prices and any volume-based discounts

3. Minimum Purchase Quantities: Detailed breakdown of purchase commitments by period/product

4. Quality Standards: Detailed quality requirements and testing procedures

5. Territory Definition: Detailed description of geographical territory covered by exclusivity

6. Order Processing Procedures: Detailed ordering and processing requirements

7. Service Level Agreement: Specific performance metrics and service levels

8. Approved Sub-contractors: List of approved manufacturers or sub-contractors if relevant

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Affiliate
Business Day
Commencement Date
Confidential Information
Delivery Point
Effective Date
Exclusivity Period
Force Majeure Event
Intellectual Property Rights
Minimum Purchase Commitment
Order
Products
Product Specifications
Purchase Price
Quality Standards
Quarter
Related Entities
Specifications
Territory
Term
Technical Documentation
Working Hours
Year
Purchase Order
Delivery Terms
Payment Terms
Quality Requirements
Regulatory Approvals
Supplier's Facility
Standard Terms and Conditions
Service Levels
Forecast
Lead Time
Contract Year
Acceptance Criteria
Defect
Documentation
Intellectual Property
Material Breach
Clauses
Exclusivity
Purchase Obligations
Product Supply
Pricing
Payment Terms
Delivery
Quality Control
Warranties
Liability
Indemnification
Force Majeure
Termination
Confidentiality
Intellectual Property
Non-Competition
Assignment
Notices
Dispute Resolution
Governing Law
Entire Agreement
Amendment
Severability
Insurance
Compliance
Audit Rights
Title and Risk
Order Process
Performance Standards
Term
Territory Rights
Product Specifications
Minimum Purchase Requirements
Price Adjustment
Forecasting
Acceptance Testing
Storage and Handling
Records and Reporting
Regulatory Compliance
Data Protection
Business Continuity
Environmental Compliance
Relevant Industries

Manufacturing

Pharmaceuticals

Consumer Goods

Industrial Equipment

Electronics

Automotive

Chemical

Food and Beverage

Luxury Goods

Medical Devices

Technology

Telecommunications

Relevant Teams

Legal

Procurement

Supply Chain

Commercial

Operations

Business Development

Sales

Contract Management

Compliance

Finance

Relevant Roles

Procurement Manager

Supply Chain Director

Commercial Director

Legal Counsel

Contract Manager

Business Development Manager

Chief Commercial Officer

Purchasing Director

Operations Manager

Category Manager

Sourcing Manager

General Counsel

Sales Director

Chief Legal Officer

Supply Chain Manager

Industries
Swiss Code of Obligations (Obligationenrecht): The primary source of Swiss contract law, containing fundamental provisions on contract formation, performance, and remedies (Articles 1-183), as well as specific provisions on sales contracts (Articles 184-236)
Swiss Federal Act on Cartels and Other Restraints of Competition: Regulates competition law aspects and potential restrictions on trade, particularly relevant for exclusive dealing arrangements
UN Convention on Contracts for the International Sale of Goods (CISG): International treaty governing cross-border sales contracts, automatically applicable in Switzerland unless explicitly excluded
Swiss Civil Code: Contains general principles of Swiss private law and supplements the Code of Obligations
Swiss Federal Act on Private International Law: Relevant for determining applicable law and jurisdiction in cases involving international parties
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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