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Buyer Seller Contract for Switzerland

Buyer Seller Contract Template for Switzerland

A comprehensive commercial agreement governed by Swiss law that establishes the terms and conditions for the sale and purchase of goods between two parties. This contract addresses key aspects including price, delivery terms, transfer of title, warranties, and risk allocation, all within the framework of the Swiss Code of Obligations and related Swiss commercial legislation. The agreement includes provisions for quality assurance, inspection procedures, payment terms, and dispute resolution mechanisms, ensuring compliance with Swiss legal requirements while facilitating smooth commercial transactions.

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What is a Buyer Seller Contract?

The Buyer Seller Contract serves as a fundamental legal instrument for commercial transactions in Switzerland, providing a structured framework for the sale and purchase of goods. This document is essential when parties need to formalize their rights and obligations in a sales transaction, whether for a one-time purchase or an ongoing supply arrangement. The contract ensures compliance with Swiss legal requirements, particularly the Swiss Code of Obligations, while addressing practical commercial needs such as delivery terms, quality specifications, and risk allocation. It's particularly valuable for transactions involving significant value, complex specifications, or ongoing commercial relationships where clear terms and conditions are crucial for both parties' protection and certainty.

What sections should be included in a Buyer Seller Contract?

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

2. Background: Context of the transaction and relationship between the parties

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

4. Subject Matter of Sale: Clear identification and description of the goods being sold

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

6. Delivery: Delivery terms, timing, location, and transfer of risk (incorporating Incoterms if applicable)

7. Title and Risk: Timing and conditions for transfer of ownership and risk in the goods

8. Warranties: Standard warranties regarding quality, fitness for purpose, and compliance with specifications

9. Inspection and Acceptance: Procedures and timeframes for inspecting and accepting the goods

10. Termination: Circumstances allowing contract termination and consequences

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

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

What sections are optional to include in a Buyer Seller Contract?

1. Intellectual Property Rights: Required when the goods involve patents, trademarks, or other IP rights

2. Confidentiality: Needed when sensitive information will be exchanged during the transaction

3. Force Majeure: Important for long-term supply arrangements or when delivery timing is crucial

4. Insurance: Required for high-value goods or when specific risks need coverage

5. Export/Import Controls: Necessary for international sales or regulated goods

6. After-Sales Services: Include when maintenance, support, or other post-sale services are part of the deal

7. Competition Restrictions: Required when including non-compete or territorial restrictions

8. Data Protection: Necessary when personal data processing is involved in the transaction

What schedules should be included in a Buyer Seller Contract?

1. Product Specifications: Detailed technical specifications of the goods

2. Price List: Detailed pricing information, especially for multiple items or volume-based pricing

3. Delivery Schedule: Detailed delivery timelines and locations, particularly for multiple deliveries

4. Quality Standards: Specific quality requirements and testing procedures

5. Warranty Terms: Detailed warranty conditions and claim procedures

6. Service Level Agreement: Details of any associated services and performance standards

7. Form of Acceptance Certificate: Template for formal acceptance of goods

8. Insurance Requirements: Specific insurance coverage requirements and certificates

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Switzerland

Publisher

Ƶ

Cost

Free to use
Relevant legal definitions








































Clauses






























Relevant Industries

Manufacturing

Retail

Wholesale

Technology

Industrial Equipment

Consumer Goods

Agriculture

Automotive

Electronics

Medical Devices

Machinery

Raw Materials

Textiles

Food and Beverage

Chemical Industry

Relevant Teams

Legal

Procurement

Sales

Commercial

Finance

Operations

Supply Chain

Risk Management

Compliance

Business Development

Relevant Roles

Procurement Manager

Sales Director

Commercial Director

Legal Counsel

Contract Manager

Supply Chain Manager

Business Development Manager

Operations Manager

Chief Financial Officer

Purchasing Officer

Vendor Relations Manager

Risk Manager

Compliance Officer

General Counsel

CEO

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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