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Sales And Service Contract

Sales And Service Contract Template for Switzerland

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Key Requirements PROMPT example:

Sales And Service Contract

"I need a Swiss Sales and Service Contract for industrial machinery supply and maintenance, where our company will supply custom manufacturing equipment to a pharmaceutical company and provide quarterly maintenance services starting March 2025, with strict uptime guarantees and emergency response provisions."

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Document background
The Sales And Service Contract is essential for businesses operating in Switzerland that combine product sales with ongoing service obligations. This hybrid agreement is particularly relevant when products require installation, maintenance, support, or other continuing services after sale. The document must comply with Swiss law, particularly the Swiss Code of Obligations (OR) provisions regarding both sales contracts (Art. 184-236) and service contracts (Art. 363-379). It's commonly used in technical industries where products require professional installation, regular maintenance, or ongoing support services. The contract addresses both the immediate sale transaction and the continuing service relationship, including quality standards, warranty obligations, service levels, and performance metrics. This type of agreement is crucial for protecting both parties' interests while ensuring clear delineation of responsibilities in complex product-service combinations.
Suggested Sections

1. Parties: Identification and details of the contracting parties

2. Background: Context of the agreement and business relationship

3. Definitions: Defined terms used throughout the agreement

4. Scope of Supply: Details of products to be supplied and services to be rendered

5. Delivery Terms: Delivery conditions, timeframes, and Incoterms for products

6. Service Performance: Service levels, specifications, and performance standards

7. Price and Payment Terms: Pricing structure, payment schedule, and VAT provisions

8. Quality and Warranty: Quality standards, warranty terms, and defect rights as per Swiss law

9. Liability and Indemnification: Liability limitations and indemnification provisions compliant with Swiss law

10. Term and Termination: Contract duration and termination provisions

11. Confidentiality: Protection of confidential information and trade secrets

12. Force Majeure: Provisions for unforeseen circumstances affecting performance

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

14. General Provisions: Standard boilerplate clauses including severability and entire agreement

Optional Sections

1. Intellectual Property Rights: Required when IP rights are being transferred or licensed

2. Data Protection: Required when personal data processing is involved

3. Insurance: Include when specific insurance requirements need to be maintained

4. Export Control: Required for international sales involving regulated products

5. Training and Support: Include when product training or ongoing support is part of the service

6. Spare Parts and Maintenance: Required for technical products requiring ongoing maintenance

7. Non-Competition: Include when protecting against competitive activities is necessary

8. Change Management: Required for long-term contracts needing flexibility in scope

9. Performance Bonds: Include when financial security for performance is required

10. Sustainability Requirements: Include when environmental or social responsibility standards apply

Suggested Schedules

1. Product Specifications: Detailed technical specifications of products

2. Service Level Agreement: Detailed service performance metrics and standards

3. Price List: Detailed pricing structure including any volume discounts

4. Delivery Schedule: Specific delivery dates and locations

5. Quality Standards: Detailed quality requirements and testing procedures

6. Warranty Terms: Detailed warranty conditions and claim procedures

7. Support Services: Details of support and maintenance services

8. Contact Details: Key contacts and escalation procedures

9. Data Processing Agreement: Required when personal data processing is involved

10. Form of Acceptance Certificate: Template for formal acceptance of deliverables

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
Products
Services
Acceptance
Acceptance Tests
Affiliate
Business Day
Charges
Commencement Date
Confidential Information
Contract Year
Defect
Delivery
Delivery Date
Documentation
Force Majeure Event
Good Industry Practice
Intellectual Property Rights
Key Personnel
Maintenance Services
Performance Standards
Price
Product Specifications
Quality Standards
Response Time
Service Credits
Service Hours
Service Levels
Service Location
Service Period
Site
Software
Support Services
Technical Specifications
Term
Territory
Third Party Products
Training Services
Updates
VAT
Warranty Period
Work Product
Clauses
Definitions and Interpretation
Scope of Supply
Service Provision
Delivery Terms
Acceptance Testing
Price and Payment
Service Levels
Performance Standards
Quality Requirements
Warranty
Product Specifications
Service Specifications
Training and Support
Documentation
Title and Risk
Intellectual Property
Confidentiality
Data Protection
Liability and Indemnification
Insurance
Force Majeure
Term and Duration
Termination
Exit Assistance
Change Control
Subcontracting
Assignment and Transfer
Non-Competition
Personnel and Key Staff
Audit Rights
Compliance
Dispute Resolution
Governing Law
Notices
Entire Agreement
Severability
Amendments
Third Party Rights
Waiver
Relationship of Parties
Relevant Industries

Manufacturing

Technology and Software

Industrial Equipment

Medical Devices

Telecommunications

Automotive

Energy and Utilities

Professional Services

Electronics

Construction Equipment

Retail and Consumer Goods

Healthcare Equipment

Relevant Teams

Legal

Sales

Service Delivery

Procurement

Operations

Commercial

Technical Services

Customer Support

Quality Assurance

Supply Chain

Compliance

Contract Administration

Relevant Roles

Commercial Director

Sales Manager

Service Delivery Manager

Contract Manager

Legal Counsel

Procurement Manager

Technical Services Director

Account Manager

Operations Manager

Business Development Manager

Quality Assurance Manager

Customer Service Manager

Supply Chain Manager

Compliance Officer

Product Manager

Industries
Swiss Code of Obligations (OR): The primary source of contract law in Switzerland, particularly Articles 1-40 (general contract formation), Articles 184-236 (sales contracts), and Articles 363-379 (service contracts)
Swiss Federal Act on Product Liability (PrHG): Governs liability for defective products and relevant safety standards
Swiss Federal Act on Consumer Credit (KKG): Relevant if the contract includes payment terms or installment plans for consumers
Swiss Federal Act on Data Protection (FADP/DSG): Applicable if personal data is processed as part of the sales or service delivery
Swiss Federal Act on Unfair Competition (UWG): Governs fair trading practices and contract terms, particularly relevant for B2C contracts
Swiss Federal Act on Technical Barriers to Trade (THG): Relevant for product standards and technical requirements if goods are being sold
Value Added Tax Act (MWSTG): Governs VAT obligations in sales and service contracts
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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