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Terms Of Sale Agreement

Terms Of Sale Agreement Template for Switzerland

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Key Requirements PROMPT example:

Terms Of Sale Agreement

"I need a Terms of Sale Agreement for my Swiss-based manufacturing company that will be selling industrial equipment to businesses across Europe, with specific provisions for equipment installation, technical support, and warranty terms to be effective from March 2025."

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Document background
The Terms of Sale Agreement is a fundamental commercial document used in Swiss business transactions to establish clear and legally binding conditions for the sale of goods or services. This document is essential for businesses operating in Switzerland, whether in B2B or B2C contexts, and must comply with the Swiss Code of Obligations and related commercial legislation. The agreement typically covers crucial aspects such as order processes, payment terms, delivery conditions, warranties, and liability limitations. It serves as a protective mechanism for both sellers and buyers by clearly defining their rights and obligations, while ensuring compliance with Swiss consumer protection laws and fair trading practices. The Terms of Sale Agreement is particularly important for businesses engaging in regular commercial transactions, as it provides a standardized framework that can help prevent disputes and ensure smooth business operations.
Suggested Sections

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

2. Background: Context of the agreement and brief description of the business relationship

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

4. Scope of Agreement: Description of products/services covered by the terms of sale

5. Ordering Process: Procedures for placing and accepting orders, including order confirmation process

6. Prices and Payment Terms: Pricing structure, payment methods, payment timing, and consequences of late payment

7. Delivery Terms: Delivery conditions, timeframes, transfer of risk, and shipping responsibilities

8. Title and Risk: Transfer of ownership and risk in the goods

9. Warranties and Representations: Product quality guarantees and warranties as per Swiss law

10. Return and Refund Policy: Conditions and procedures for returns and refunds

11. Limitation of Liability: Scope and limits of seller's liability under Swiss law

12. Force Majeure: Circumstances excusing performance of obligations

13. Termination: Conditions and process for terminating the agreement

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

15. General Provisions: Standard contractual provisions including severability and entire agreement clauses

Optional Sections

1. E-commerce Provisions: Required when sales are conducted online, including electronic ordering and digital content provisions

2. Data Protection: Required when personal data is collected and processed, ensuring compliance with FADP

3. Product-Specific Terms: Used when different product categories require different terms

4. International Sales Provisions: Required for cross-border sales, including export/import requirements

5. Quality Control Procedures: Important for specialized or regulated products

6. Intellectual Property Rights: Required when products involve patents, trademarks, or other IP rights

7. Insurance Requirements: Needed for high-value goods or specific risk situations

8. Confidentiality: Important when sharing sensitive business information

Suggested Schedules

1. Schedule 1: Product List: Detailed list of products covered by the agreement, including specifications and prices

2. Schedule 2: Service Level Agreement: Specific performance metrics and service standards if applicable

3. Schedule 3: Price List: Detailed pricing information, discounts, and special offers

4. Schedule 4: Delivery Zones and Charges: Breakdown of delivery areas and associated costs

5. Schedule 5: Return Procedures: Detailed procedures for product returns and claims

6. Appendix A: Technical Specifications: Detailed technical requirements and standards for products

7. Appendix B: Quality Standards: Specific quality requirements and testing procedures

8. Appendix C: Warranty Terms: Detailed warranty conditions and claim procedures

Authors

Alex Denne

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

alex.den.21@genieai.co
Relevant legal definitions


































Clauses


























Relevant Industries

Retail

Manufacturing

E-commerce

Consumer Goods

Technology

Food and Beverage

Automotive

Electronics

Fashion and Apparel

Industrial Equipment

Pharmaceuticals

Construction Materials

Luxury Goods

Software and Digital Products

Relevant Teams

Legal

Sales

Commercial

Operations

Compliance

Contract Management

Business Development

Customer Service

Risk Management

E-commerce

Procurement

Relevant Roles

Legal Counsel

Sales Director

Commercial Manager

Business Development Manager

Operations Director

Compliance Officer

Contract Manager

Chief Legal Officer

Sales Operations Manager

E-commerce Manager

Procurement Manager

General Counsel

Risk Manager

Customer Service Manager

Chief Commercial 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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