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Advance Payment Agreement Template for Switzerland

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Key Requirements PROMPT example:

Advance Payment Agreement

"I need an Advance Payment Agreement under Swiss law for our purchase of industrial equipment from a German manufacturer, requiring three staged advance payments totaling CHF 2.5M starting March 2025, with bank guarantees and provisions for international wire transfers."

Document background
The Advance Payment Agreement is essential in commercial transactions where significant upfront payments are required before the delivery of goods or services. This document type is particularly relevant in Switzerland, a major hub for international trade and financial services, where it must comply with the Swiss Code of Obligations and related banking regulations. The agreement is commonly used in large-scale projects, equipment manufacturing, or international trade where suppliers require advance funding for production or project initiation. It typically includes detailed provisions for payment terms, security arrangements, bank guarantees, and conditions for refund or application of the advance payment. The document becomes especially crucial in cross-border transactions where Swiss law's reputation for stability and fairness makes it a preferred choice of governing law.
Suggested Sections

1. Parties: Identification and details of the parties entering into the agreement

2. Background: Context of the agreement and the business relationship between the parties

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

4. Advance Payment Amount and Purpose: Specification of the advance payment amount and its intended purpose

5. Payment Terms and Schedule: Detailed terms of when and how the advance payment will be made

6. Use of Advance Payment: Specifications on how the advance payment may be used and any restrictions

7. Security and Guarantees: Any security or guarantees provided in relation to the advance payment

8. Repayment or Application: Terms regarding how the advance payment will be applied or repaid

9. Representations and Warranties: Standard representations and warranties from both parties

10. Events of Default: Circumstances constituting default and consequences

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

12. Notices: Communication procedures between parties

13. General Provisions: Standard boilerplate clauses including severability, entire agreement, etc.

Optional Sections

1. Currency and Exchange Rates: Required for international transactions involving multiple currencies

2. Bank Account Details: Include when specific banking arrangements need to be documented

3. Interest: Include when interest is payable on the advance payment

4. Tax Provisions: Required when tax implications need to be addressed specifically

5. Force Majeure: Include when needed for long-term arrangements or high-value transactions

6. Confidentiality: Include when sensitive commercial information is involved

7. Assignment and Transfer: Include when rights/obligations may need to be transferred

8. Step-In Rights: Include for complex commercial arrangements where intervention rights may be needed

Suggested Schedules

1. Payment Schedule: Detailed breakdown of payment amounts and dates

2. Bank Details: Complete banking information for both parties

3. Security Documents: Details of any security or guarantees provided

4. Form of Notices: Template forms for key notices under the agreement

5. Project Timeline: If the advance payment relates to a specific project, the project schedule and milestones

6. Calculation of Interest: If applicable, the method and examples of interest calculations

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 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

Construction

International Trade

Engineering

Technology

Real Estate Development

Industrial Equipment

Infrastructure

Energy

Telecommunications

Aerospace

Defense

Shipping and Maritime

Healthcare Equipment

Professional Services

Relevant Teams

Legal

Finance

Procurement

Treasury

Commercial

Risk Management

Operations

Project Management

Compliance

Supply Chain

Business Development

Account Management

Relevant Roles

Chief Financial Officer

Finance Director

Commercial Director

Procurement Manager

Contract Manager

Legal Counsel

Treasury Manager

Project Manager

Financial Controller

Risk Manager

Business Development Director

Operations Director

Account Manager

Supply Chain Manager

Compliance 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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