Commercial Sale Contract

Commercial Sale Contract Template for Denmark

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Document background

The Commercial Sale Contract is a fundamental document used in business transactions governed by Danish law, essential for companies engaged in the sale and purchase of goods in a commercial context. This contract type is designed to comply with Danish legal requirements, particularly the Danish Sale of Goods Act (Købeloven) and the Danish Contracts Act (Aftaleloven), while also considering relevant EU regulations. It's particularly suitable for business-to-business transactions where consumer protection laws do not apply. The document typically includes detailed provisions on product specifications, pricing, delivery terms, quality requirements, warranties, and risk allocation. For international transactions, it may also address the applicability of the CISG and include specific provisions for cross-border trade. The contract serves as a comprehensive framework for commercial sales, providing clarity on rights and obligations while ensuring compliance with Danish legal standards.

Suggested Sections

1. Parties: Identification and details of the seller and buyer, including company registration numbers (CVR numbers in Denmark)

2. Background: Context of the commercial relationship and purpose of the agreement

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

4. Subject Matter of Sale: Detailed description of the goods being sold, including specifications and quantities

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

6. Delivery Terms: Delivery schedule, location, and Incoterms (if applicable)

7. Transfer of Risk and Title: When and how risk and ownership transfer from seller to buyer

8. Quality and Inspection: Quality standards, inspection procedures, and acceptance criteria

9. Warranties: Seller's warranties regarding the goods and any warranty limitations

10. Liability and Limitation of Liability: Scope of liability and any agreed limitations under Danish law

11. Force Majeure: Circumstances excusing performance and related procedures

12. Termination: Grounds for termination and consequences thereof

13. Governing Law and Jurisdiction: Confirmation of Danish law as governing law and jurisdiction for disputes

14. Signatures: Execution blocks for authorized representatives of both parties

Optional Sections

1. CISG Opt-out: Section explicitly excluding the application of the UN Convention on Contracts for the International Sale of Goods (if desired)

2. Intellectual Property Rights: Required when the goods involve IP rights or licenses

3. Confidentiality: Needed when parties exchange sensitive information during the transaction

4. Insurance: Required when specific insurance arrangements are necessary for high-value or high-risk goods

5. Export Control: Necessary when goods are subject to export control regulations

6. Anti-Corruption: Important for international sales or when required by corporate policies

7. Data Protection: Required when personal data is processed as part of the transaction

8. Assignment: Include when transfer rights need to be specifically addressed

Suggested Schedules

1. Product Specifications: Detailed technical specifications of the goods

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

3. Delivery Schedule: Detailed timeline for deliveries, particularly for multiple shipments

4. Quality Standards: Specific quality requirements, testing procedures, and acceptance criteria

5. Warranty Terms: Detailed warranty conditions and claim procedures

6. Service Level Agreement: If after-sales service is included in the sale

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

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