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Sales Contract Form

Sales Contract Form Template for Switzerland

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Key Requirements PROMPT example:

Sales Contract Form

"I need a Swiss Sales Contract Form for selling industrial machinery to a German manufacturer, with delivery scheduled for March 2025, including installation services and warranty provisions for complex technical equipment."

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Document background
The Sales Contract Form is a standardized legal document designed for use under Swiss jurisdiction, primarily based on the Swiss Code of Obligations (OR) Articles 184-236. This template is essential for businesses and individuals engaging in the sale of goods within Switzerland or in cross-border transactions where Swiss law applies. It provides a structured framework for documenting sales transactions, ensuring all critical elements are addressed including product specifications, pricing, delivery terms, warranties, and risk allocation. The document can be adapted for various commercial contexts, from simple retail sales to complex industrial transactions, and includes optional provisions for international trade considerations such as CISG applicability. This form is particularly valuable for ensuring compliance with Swiss legal requirements while maintaining commercial practicality.
Suggested Sections

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

2. Background: Context of the sale and brief description of the transaction purpose

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

4. Object of Sale: Detailed description of the goods being sold, including quantity, quality, and specifications

5. Purchase Price: Price, currency, and payment terms including payment schedule if applicable

6. Delivery: Delivery terms, timing, location, and transfer of risk according to Swiss law

7. Title and Risk: Provisions regarding transfer of ownership and risk in accordance with Swiss law

8. Warranties: Standard warranties regarding title, quality, and condition of goods as per Swiss Code of Obligations

9. Inspection and Acceptance: Terms for inspection of goods and process for acceptance or rejection

10. Termination: Circumstances under which the contract can be terminated and consequences

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

12. Entire Agreement: Standard clause confirming the contract represents the entire agreement between parties

Optional Sections

1. CISG Exclusion: Optional clause to explicitly exclude application of UN Convention on Contracts for International Sale of Goods

2. Retention of Title: Include when seller wants to retain ownership until full payment is received

3. Intellectual Property Rights: Required when the sale involves goods with associated IP rights

4. Confidentiality: Include for sales involving sensitive commercial information or trade secrets

5. Insurance: Include when specific insurance requirements are needed for high-value or high-risk goods

6. Force Majeure: Include for long-term supply contracts or when dealing with potential supply chain disruptions

7. Export/Import Compliance: Include for international sales requiring specific trade compliance

8. Installation and Training: Include when the sale includes technical equipment requiring setup or training

9. Maintenance and Support: Include for technical equipment requiring ongoing maintenance

10. Limitation of Liability: Optional limitations on liability within bounds of Swiss law

Suggested Schedules

1. Technical Specifications: Detailed technical specifications of the goods being sold

2. Price List: Detailed pricing information, especially for multiple items or variable pricing

3. Delivery Schedule: Detailed delivery timeline and logistics information for complex deliveries

4. Quality Standards: Specific quality requirements and testing procedures

5. Warranty Terms: Detailed warranty conditions and claim procedures

6. Maintenance Schedule: Details of maintenance requirements and schedules if applicable

7. Documentation Requirements: List of required documentation for the goods (e.g., certificates, manuals)

8. Acceptance Test Procedures: Detailed procedures for testing and accepting the goods

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
Clauses
Parties and Interpretation
Sale and Purchase
Product Specifications
Price and Payment
Delivery
Title and Risk
Inspection and Acceptance
Warranties
Quality Assurance
Intellectual Property
Confidentiality
Force Majeure
Liability and Indemnification
Insurance
Term and Termination
Breach and Remedies
Dispute Resolution
Governing Law and Jurisdiction
Assignment and Subcontracting
Notices
Entire Agreement
Severability
Amendments
Language
Counterparts
Export Control
Data Protection
Anti-Corruption
Representations and Warranties
Survival
Relevant Industries

Retail

Manufacturing

Technology

Consumer Goods

Industrial Equipment

Automotive

Electronics

Luxury Goods

Food and Beverage

Pharmaceuticals

Machinery

Textiles

Construction Materials

Agricultural Products

Chemical Products

Relevant Teams

Legal

Commercial

Sales

Procurement

Operations

Compliance

Supply Chain

Business Development

Contract Administration

Risk Management

Relevant Roles

Legal Counsel

Commercial Director

Sales Manager

Procurement Manager

Contract Administrator

Business Development Manager

Operations Manager

Supply Chain Manager

Compliance Officer

Chief Commercial Officer

General Counsel

Sales Director

Purchase Manager

Export Manager

Trade Compliance Manager

Industries
Swiss Code of Obligations (OR): The primary source of Swiss contract law, particularly Articles 184-236 OR which specifically regulate sales contracts. These articles cover formation of contract, obligations of seller and buyer, warranty rights, and remedies.
UN Convention on Contracts for the International Sale of Goods (CISG): International treaty governing cross-border sale of goods. Automatically applies to international sales contracts unless explicitly excluded, as Switzerland is a signatory state.
Swiss Civil Code (ZGB): Contains general principles of Swiss private law and provisions regarding legal capacity, which are relevant for determining who can enter into sales contracts.
Federal Act on Product Safety (PrSG): Regulates safety requirements for products being sold in Switzerland, including labeling and warning requirements.
Federal Act on Consumer Credit (KKG): Relevant if the sales contract includes provisions for payment in installments or consumer financing.
Federal Act against Unfair Competition (UWG): Contains provisions against unfair business practices and requirements for clear communication of terms and conditions in 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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