The Business Sales Agreement is a fundamental commercial contract used when one business entity wishes to sell goods or services to another business entity in Belgium. This document is essential for establishing clear commercial terms while ensuring compliance with Belgian legal requirements, including the Belgian Civil Code, Code of Economic Law, and specific B2B regulations introduced in 2019. It is particularly important for transactions involving significant value or ongoing business relationships, where detailed terms regarding delivery, payment, warranties, and liability need to be clearly defined. The agreement can be adapted for various industries and transaction types while maintaining compliance with Belgian legal requirements and incorporating relevant EU regulations. This document is typically used for domestic Belgian transactions but can be modified for international trade by incorporating appropriate international trade terms and conventions.
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1. Parties: Identification and details of the contracting parties, including registered offices and company numbers
2. Background: Context of the agreement and general commercial intent of the parties
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Sale: Detailed description of the goods/services being sold
5. Price and Payment Terms: Purchase price, payment schedule, method of payment, and late payment consequences under Belgian law
6. Delivery Terms: Delivery schedule, location, and conditions
7. Title and Risk: Transfer of ownership and risk in the goods
8. Warranties and Representations: Standard warranties regarding the goods/services and capacity to contract
9. Liability and Indemnification: Limitation of liability and indemnification provisions compliant with Belgian law
10. Term and Termination: Duration of agreement and circumstances for termination
11. Force Majeure: Events excusing performance of obligations
12. Confidentiality: Protection of confidential information exchanged
13. Governing Law and Jurisdiction: Confirmation of Belgian law application and jurisdiction
14. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments
1. Quality Control: Specific quality standards and inspection rights, used when selling manufactured goods
2. Intellectual Property: IP rights and licenses, included when the sale involves software, technology or branded products
3. Training and Support: Details of training or support services, included when technical products or services are involved
4. Insurance: Insurance requirements, used for high-value goods or when specific risks need to be covered
5. Export Control: Export compliance provisions, needed for international sales or restricted goods
6. Data Protection: GDPR compliance provisions, required when personal data processing is involved
7. Non-Competition: Restrictions on competition, used when selling business assets or technology
8. Transition Services: Temporary services provided post-sale, used in business asset sales
1. Schedule 1 - Product Specifications: Detailed technical specifications of the goods/services being sold
2. Schedule 2 - Pricing Schedule: Detailed breakdown of prices, including any volume discounts or special pricing arrangements
3. Schedule 3 - Delivery Schedule: Detailed delivery timeframes and locations
4. Schedule 4 - Service Level Agreement: Performance metrics and service levels, if applicable
5. Schedule 5 - Acceptance Testing: Testing procedures and acceptance criteria for the goods
6. Appendix A - Form of Purchase Order: Standard form for ordering under the agreement
7. Appendix B - Technical Documentation: Operating manuals, maintenance requirements, and other technical documents
Relevant legal definitions
Clauses
Relevant Industries
Manufacturing
Wholesale Trade
Retail
Technology
Industrial Equipment
Consumer Goods
Professional Services
Automotive
Chemical Industry
Food and Beverage
Pharmaceutical
Construction
Electronics
Agricultural Products
Energy
Relevant Teams
Legal
Sales
Procurement
Commercial
Finance
Operations
Compliance
Risk Management
Business Development
Supply Chain
Contract Administration
Relevant Roles
Commercial Director
Sales Manager
Procurement Manager
Legal Counsel
Contract Manager
Business Development Manager
Chief Commercial Officer
Supply Chain Manager
Operations Director
Chief Executive Officer
Finance Director
Account Manager
Compliance Officer
Risk Manager
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