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Initial Contract Of Sale Template for Switzerland

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Key Requirements PROMPT example:

Initial Contract Of Sale

"I need an Initial Contract of Sale under Swiss law for selling industrial machinery worth CHF 500,000 to a German manufacturing company, with delivery scheduled for March 2025 and including installation services and technical training requirements."

Document background
The Initial Contract of Sale is a fundamental commercial document used to formalize the first sale transaction between parties under Swiss law. It serves as the primary agreement when establishing a new business relationship for the sale of goods, whether in a B2B or B2C context. This document is essential when parties need to clearly define their rights and obligations under Swiss jurisdiction, particularly in accordance with the Swiss Code of Obligations. It includes crucial elements such as precise description of goods, pricing, delivery terms, warranties, and risk transfer provisions. The agreement can be adapted for both domestic and international transactions, with specific considerations for CISG application in cross-border sales. This template is particularly valuable for businesses entering new commercial relationships or conducting first-time sales transactions in Switzerland.
Suggested Sections

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

2. Background: Context of the sale and brief description of the parties' intent to enter into the sales agreement

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

4. Object of Sale: Detailed description of the goods being sold, including quantity, quality, and specifications

5. Purchase Price: The agreed price, currency, and payment terms

6. Delivery: Terms and conditions of delivery, including timing, location, and transfer of risk

7. Transfer of Title: Conditions and timing for the transfer of ownership from seller to buyer

8. Warranties: Seller's warranties regarding the goods and their condition

9. Examination and Notice of Defects: Buyer's obligations to examine goods and procedure for reporting defects

10. Liability: Extent and limitations of seller's liability

11. Termination: Circumstances under which the contract may be terminated and consequences

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

13. Miscellaneous: Standard boilerplate provisions including severability, entire agreement, and amendments

Optional Sections

1. Retention of Title: Used when the seller wishes to retain ownership until full payment is received

2. Intellectual Property Rights: Required when the sale involves goods with associated IP rights

3. Export/Import Requirements: Necessary for international sales, addressing customs and regulatory requirements

4. Installation and Training: Included when the seller must provide installation services or training

5. Maintenance and Support: Required when ongoing maintenance or support services are part of the sale

6. Insurance: Details of required insurance coverage during transit or installation

7. Confidentiality: Used when sensitive information will be exchanged during the sale process

8. Force Majeure: Added when parties want specific provisions for unforeseen circumstances

Suggested Schedules

1. Technical Specifications: Detailed technical specifications of the goods being sold

2. Price List: Itemized list of prices if multiple items or components are involved

3. Delivery Schedule: Detailed timeline for delivery if multiple shipments are involved

4. Quality Standards: Specific quality requirements and standards the goods must meet

5. Warranty Terms: Detailed warranty terms and conditions

6. Required Certifications: Copies of or references to required certifications or compliance documents

7. Installation Requirements: Technical requirements for installation if applicable

8. Acceptance Test Procedures: Procedures for testing and accepting the goods

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

Retail

Wholesale

Technology

Industrial Equipment

Consumer Goods

Automotive

Electronics

Food and Beverage

Pharmaceuticals

Construction

Agriculture

Machinery

Textiles

Energy

Relevant Teams

Legal

Sales

Procurement

Commercial

Operations

Supply Chain

Compliance

Business Development

Contract Administration

Risk Management

Relevant Roles

Commercial Director

Sales Manager

Procurement Manager

Legal Counsel

Contract Manager

Business Development Manager

Supply Chain Manager

Operations Manager

Chief Commercial Officer

Chief Legal Officer

Purchase Officer

Sales Director

General Counsel

Compliance Officer

Corporate Secretary

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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