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As Is Contract For Sale And Purchase Template for Switzerland

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Key Requirements PROMPT example:

As Is Contract For Sale And Purchase

"I need an As Is Contract for Sale and Purchase under Swiss law for selling used manufacturing equipment worth CHF 500,000 to a German buyer, with delivery scheduled for March 2025 and payment in two installments."

Document background
The As Is Contract For Sale And Purchase under Swiss law is a specialized agreement used when selling goods, assets, or property where the seller wishes to transfer the item in its current condition without providing extensive warranties. This document type is particularly relevant for second-hand goods, distressed assets, or situations where the buyer has thoroughly inspected the sale object and accepts any existing defects or issues. The contract must comply with Swiss legal requirements, particularly the Swiss Code of Obligations' provisions on sales contracts and warranty disclaimers. While the agreement limits seller liability, it must still meet mandatory Swiss consumer protection requirements where applicable. The document typically includes detailed descriptions of the asset's condition, known defects, and explicit buyer acknowledgments of the "as is" nature of the purchase.
Suggested Sections

1. Parties: Identification and details of the seller and purchaser

2. Background: Context of the sale and brief description of the sale object

3. Definitions: Key terms used throughout the agreement

4. Object of Sale: Detailed description of the item(s) being sold in their current condition

5. Purchase Price and Payment Terms: Amount, currency, payment method, and payment schedule

6. As Is Condition and Disclaimer: Express declaration that the object is sold 'as is' with specific disclaimers

7. Transfer of Ownership and Risk: Timing and conditions for transfer of title and risk

8. Delivery: Delivery terms, timing, location, and responsibilities

9. Representations and Warranties: Limited representations by seller regarding ownership and capacity to sell

10. Buyer's Acknowledgments: Buyer's confirmation of inspection and acceptance of current condition

11. Governing Law and Jurisdiction: Specification of Swiss law and competent courts

12. Entire Agreement: Integration clause confirming complete agreement between parties

13. Execution: Signature blocks and execution details

Optional Sections

1. Inspection Period: Used when buyer requires time to inspect the object before final acceptance

2. Intellectual Property Rights: Include when sale involves items with associated IP rights

3. Export/Import Requirements: Required for international sales or items requiring special permits

4. Insurance: Include when specific insurance requirements apply during transit or transfer

5. Confidentiality: Used when sale involves sensitive information or trade secrets

6. Force Majeure: Include for sales with delayed delivery or performance obligations

7. Third Party Rights: Include when third parties may have interests in the sale object

8. Tax Implications: Used when special tax considerations apply to the transaction

9. Environmental Compliance: Include for sales of items with environmental implications

10. Severability: Optional clause on partial invalidity of contract terms

Suggested Schedules

1. Schedule 1 - Detailed Description: Comprehensive description of sale object including photos, specifications, and current condition

2. Schedule 2 - Known Defects: List of known issues, damages, or defects in the sale object

3. Schedule 3 - Delivery Details: Specific instructions for delivery, packaging, and handling

4. Schedule 4 - Payment Schedule: Detailed payment terms if involving multiple installments

5. Schedule 5 - Required Permits: Copies of relevant permits, licenses, or certificates

6. Appendix A - Inspection Report: Third-party inspection report or condition assessment if available

7. Appendix B - Historical Documentation: Maintenance records, previous ownership details, or relevant history

8. Appendix C - Technical Specifications: Original technical documentation or specifications

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

Industrial Equipment

Real Estate

Automotive

Technology

Agriculture

Construction

Retail

Art and Collectibles

Heavy Machinery

Maritime

Aviation

Commodities Trading

Renewable Energy

Mining

Relevant Teams

Legal

Procurement

Sales

Commercial

Operations

Risk Management

Finance

Compliance

Due Diligence

Asset Management

Business Development

Relevant Roles

Legal Counsel

Contract Manager

Procurement Manager

Sales Director

Business Development Manager

Asset Manager

Property Manager

Operations Director

Commercial Director

Risk Manager

Compliance Officer

Chief Financial Officer

General Counsel

Transaction Manager

Due Diligence Specialist

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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