Product Sales Contract Template for Switzerland

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Key Requirements PROMPT example:

Product Sales Contract

"I need a Product Sales Contract for selling enterprise software hardware to German corporate clients, with specific data protection clauses and export control provisions, expected to commence in March 2025."

Document background
The Product Sales Contract serves as a fundamental legal instrument for businesses engaged in the sale of products in or from Switzerland. This document is essential when parties need to establish a clear legal framework for a sales transaction, whether for a single delivery or ongoing supply relationship. The contract must comply with Swiss law, particularly the Swiss Code of Obligations (OR/CO), while potentially considering international trade regulations if applicable. It typically includes detailed provisions on product specifications, pricing, delivery terms, warranties, and liability, tailored to protect both parties' interests and ensure legal certainty. This type of agreement is particularly important for cross-border transactions where Swiss law has been chosen as the governing law, and can be adapted for both B2B and B2C relationships, though consumer protection regulations may require additional considerations in the latter case.
Suggested Sections

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 business relationship

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

4. Subject Matter of Sale: Detailed description of the products being sold, including quantity and specifications

5. Price and Payment Terms: Purchase price, payment schedule, payment method, and currency

6. Delivery Terms: Delivery schedule, location, method, and transfer of risk

7. Title and Risk: Transfer of ownership and risk in the products

8. Warranties: Standard warranties regarding product quality, fitness for purpose, and conformity with specifications

9. Inspection and Acceptance: Procedures for inspecting goods and accepting or rejecting deliveries

10. Liability and Indemnification: Scope of liability, limitations, and indemnification obligations

11. Term and Termination: Duration of the agreement and grounds for termination

12. Force Majeure: Events excusing performance and related procedures

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

14. General Provisions: Standard boilerplate clauses including notices, amendments, and severability

Optional Sections

1. CISG Exclusion: Section explicitly excluding the application of the UN Convention on Contracts for the International Sale of Goods, if desired

2. Intellectual Property Rights: Required when the products involve patents, trademarks, or other IP rights

3. Confidentiality: Needed when sensitive information will be exchanged during the business relationship

4. Export Control: Required for international sales or products subject to export restrictions

5. Product Support and Training: Relevant for technical products requiring after-sales support

6. Insurance: Additional insurance requirements beyond standard coverage

7. Data Protection: Required when personal data processing is involved in the sale

8. Compliance with Laws: Specific compliance obligations beyond standard legal requirements

9. Quality Assurance: Detailed quality control procedures for complex or regulated products

Suggested Schedules

1. Product Specifications: Detailed technical specifications of the products

2. Price List: Detailed pricing information, including any volume discounts or special pricing terms

3. Delivery Schedule: Detailed delivery timeline and logistics requirements

4. Quality Standards: Specific quality requirements and testing procedures

5. Warranty Terms: Detailed warranty terms and claim procedures

6. Service Level Agreement: Performance metrics and service standards for product support

7. Technical Documentation: Product manuals, technical drawings, or other supporting documentation

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

Retail

Technology

Consumer Goods

Industrial Equipment

Electronics

Automotive

Pharmaceuticals

Food and Beverage

Textile and Apparel

Construction Materials

Chemical Products

Medical Devices

Agricultural Products

Relevant Teams

Legal

Sales

Procurement

Commercial

Operations

Compliance

Supply Chain

Quality Assurance

Contract Management

Business Development

Relevant Roles

Sales Manager

Commercial Director

Procurement Manager

Legal Counsel

Contract Manager

Business Development Manager

Supply Chain Manager

Operations Director

Compliance Officer

Chief Commercial Officer

Product Manager

Quality Assurance Manager

General Counsel

Sales Operations Manager

Chief Legal Officer

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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