Future Purchase Agreement Template for Switzerland

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Key Requirements PROMPT example:

Future Purchase Agreement

"I need a Future Purchase Agreement for our Swiss manufacturing company to purchase industrial equipment worth CHF 2.5 million from a German supplier, with delivery scheduled in quarterly installments throughout 2025 and specific testing requirements for each batch."

Document background
The Future Purchase Agreement is a strategic commercial contract used when parties want to secure future trading relationships with certainty of terms. Common in Swiss commercial practice and governed by Swiss law, particularly the Code of Obligations, this agreement is typically employed when businesses need to ensure supply chain security, lock in future pricing, or establish long-term commercial relationships. The document comprehensively outlines the future purchase obligation, including specific details about the goods or assets, pricing mechanisms, delivery terms, quality requirements, and conditions precedent that must be met. It's particularly valuable in industries with long lead times, volatile pricing, or complex supply chain requirements, providing both parties with clear rights and obligations while maintaining flexibility through carefully structured conditions and trigger events.
Suggested Sections

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

2. Background: Context of the agreement, relationship between parties, and general purpose of the future purchase arrangement

3. Definitions and Interpretation: Definitions of key terms used throughout the agreement and rules of interpretation

4. Subject Matter of Purchase: Detailed description of the goods/assets to be purchased in the future

5. Purchase Price and Payment Terms: Agreed price, payment schedule, and payment methods

6. Conditions Precedent: Conditions that must be satisfied before the obligation to purchase becomes binding

7. Timing and Delivery: Future purchase date or trigger events, delivery terms and timeline

8. Representations and Warranties: Statements of fact and guarantees by both parties regarding their capacity and the subject matter

9. Quality Requirements: Specifications and standards that the goods must meet

10. Title and Risk: When and how title and risk transfer to the buyer

11. Default and Remedies: Consequences of breach and available remedies

12. Force Majeure: Circumstances excusing performance and related procedures

13. Termination: Grounds for termination and consequences

14. Notices: How formal communications between parties should be made

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

16. General Provisions: Standard boilerplate clauses including entire agreement, amendments, and severability

Optional Sections

1. International Trade Terms: Include when the agreement involves cross-border transactions, specifying Incoterms and customs requirements

2. Price Adjustment Mechanism: Include when price may vary based on market conditions or other factors

3. Quality Testing Procedures: Include for technical products requiring specific testing protocols

4. Storage and Handling Requirements: Include for goods requiring special storage or handling conditions

5. Insurance Requirements: Include when specific insurance coverage is required for the goods

6. Intellectual Property Rights: Include when the purchase involves products with IP components

7. Compliance with Regulations: Include when specific regulatory requirements apply to the goods

8. Confidentiality: Include when sensitive information will be exchanged

9. Bank Guarantees/Performance Bonds: Include when financial security instruments are required

10. Step-In Rights: Include when buyer needs rights to ensure production/supply continuity

Suggested Schedules

1. Technical Specifications: Detailed technical requirements and specifications of the goods

2. Pricing Schedule: Detailed breakdown of prices, including any variable components

3. Quality Standards: Specific quality requirements, testing procedures, and acceptance criteria

4. Delivery Schedule: Detailed timeline for delivery, including any phasing requirements

5. Form of Notice to Purchase: Template for formal notice triggering the purchase obligation

6. Required Certifications: List of required certificates, permits, or regulatory approvals

7. Key Personnel: List of key contacts and authorized representatives for both parties

8. Form of Bank Guarantee: Template for any required bank guarantees or security instruments

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

Manufacturing

Industrial

Commodities Trading

Agriculture

Technology

Automotive

Energy

Mining

Chemical

Pharmaceutical

Construction

Real Estate

Machinery and Equipment

Consumer Goods

Wholesale and Distribution

Relevant Teams

Legal

Procurement

Supply Chain

Finance

Commercial

Risk Management

Operations

Business Development

Treasury

Compliance

Strategic Sourcing

Relevant Roles

Chief Procurement Officer

Procurement Manager

Supply Chain Director

Commercial Director

Contract Manager

Legal Counsel

Chief Financial Officer

Business Development Manager

Trading Manager

Risk Manager

Operations Director

Category Manager

Strategic Sourcing Manager

General Counsel

Commercial Lawyer

Finance Director

Treasury Manager

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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