The Simple Agreement of Sale is a fundamental legal document used in the Netherlands for documenting straightforward sales transactions between parties. This agreement type is particularly suitable for single, definitive sales where the terms are clearly defined and agreed upon upfront. The document incorporates all essential elements required under Dutch law, including provisions from the Burgerlijk Wetboek (Dutch Civil Code) regarding sales contracts. It's designed to be adaptable for both business-to-business and business-to-consumer transactions, while maintaining compliance with Dutch consumer protection regulations where applicable. The agreement is commonly used for tangible goods but can be adapted for various assets, providing a clear framework for price, payment terms, delivery conditions, and transfer of ownership.
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1. Parties: Identification and details of the seller and buyer, including registration numbers for companies
2. Background: Brief context of the sale and purpose of the agreement
3. Definitions: Key terms used throughout the agreement
4. Subject of Sale: Clear description of the goods or assets being sold
5. Purchase Price: The agreed price, payment terms, and payment method
6. Delivery: Delivery terms, timing, and location
7. Transfer of Ownership and Risk: When and how ownership and risk transfer to the buyer
8. Warranties: Basic warranties regarding ownership and condition of goods
9. Governing Law and Jurisdiction: Confirmation of Dutch law application and jurisdiction
10. Signatures: Execution blocks for parties
1. VAT and Tax Provisions: Required when the sale is subject to VAT or specific tax considerations
2. Inspection and Acceptance: Used when the buyer needs to inspect goods before accepting delivery
3. Insurance: Included when specific insurance requirements apply during transit or transfer
4. Intellectual Property: Required when the sale includes or affects IP rights
5. Confidentiality: Added when sensitive information is shared during the sale process
6. Force Majeure: Optional clause for handling unforeseen circumstances affecting performance
7. Assignment: Include when transfer of rights needs to be restricted or permitted
1. Schedule 1 - Description of Goods: Detailed specification of the goods or assets being sold
2. Schedule 2 - Price Breakdown: Itemized list of prices if multiple items or components are involved
3. Schedule 3 - Delivery Schedule: Required for multiple deliveries or complex delivery arrangements
4. Appendix A - Condition Report: When selling used goods, documents their condition at time of sale
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