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Private Sale Agreement Template for Switzerland

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Key Requirements PROMPT example:

Private Sale Agreement

"I need a Private Sale Agreement under Swiss law for selling my company's manufacturing equipment to another business, with payment to be made in full at completion and delivery scheduled for March 2025."

Document background
The Private Sale Agreement is a fundamental legal instrument in Swiss commercial practice, essential for documenting private transactions of goods or assets. It is commonly used when individuals or businesses wish to sell or purchase items in a private capacity, rather than through public or commercial channels. The agreement's structure and content are guided by the Swiss Code of Obligations (OR/CO), particularly Articles 184-236 governing sales contracts. This document is crucial for transactions ranging from valuable personal property to business assets, providing legal certainty and clear documentation of the terms agreed between parties. It should be used whenever there is a private sale transaction where parties need to formally document their rights and obligations, specify the conditions of sale, and ensure legal compliance with Swiss requirements for transfer of ownership and risk.
Suggested Sections

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

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

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

4. Object of Sale: Detailed description of the item(s) being sold, including any identifying characteristics or serial numbers

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

6. Payment Terms: Details of how and when payment will be made, including any installment arrangements

7. Delivery: Terms regarding the delivery or collection of the item(s), including timing and location

8. Transfer of Ownership and Risk: Provisions regarding when ownership and risk transfer from seller to buyer

9. Warranties: Seller's warranties regarding the condition and ownership of the item(s)

10. Defects and Claims: Process for handling defects and making warranty claims

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

12. Signatures: Execution blocks for all parties

Optional Sections

1. Condition Precedents: Used when the sale is subject to certain conditions being met before completion

2. Intellectual Property: Required when the sale includes any IP rights or licenses

3. Confidentiality: Include when sensitive information is exchanged during the transaction

4. Insurance: Relevant for high-value items or when there's a gap between agreement and delivery

5. Third Party Rights: Include when the item may be subject to third party claims or rights

6. Assignment: Include when transfer of rights under the agreement needs to be restricted

7. Force Majeure: For sales with delayed delivery or ongoing obligations

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

9. Compliance with Laws: Include for regulated items or when specific legal requirements apply

Suggested Schedules

1. Schedule 1 - Description of Items: Detailed technical specifications or inventory of items being sold

2. Schedule 2 - Condition Report: Detailed description of the current condition of the item(s)

3. Schedule 3 - Payment Schedule: If payment is in installments, detailed payment dates and amounts

4. Schedule 4 - Delivery Protocol: Specific procedures for delivery or collection

5. Schedule 5 - Existing Warranties: Copies of any manufacturer warranties or guarantees

6. Appendix A - Photographs: Visual documentation of the item(s) being sold

7. Appendix B - Certificates: Any relevant certificates of authenticity, origin, or compliance

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

Retail

Manufacturing

Real Estate

Automotive

Art and Collectibles

Consumer Goods

Industrial Equipment

Technology

Agriculture

Luxury Goods

Small Business

Professional Services

Construction

Entertainment

Relevant Teams

Legal

Procurement

Sales

Operations

Finance

Compliance

Risk Management

Administration

Commercial

Asset Management

Business Development

Relevant Roles

Legal Counsel

Contract Manager

Business Owner

Sales Manager

Procurement Manager

Asset Manager

Compliance Officer

Risk Manager

Property Manager

Operations Director

Commercial Manager

General Counsel

Business Development Manager

Finance Manager

Administrative 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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