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Guaranteed Sale Agreement for Indonesia

Guaranteed Sale Agreement Template for Indonesia

A comprehensive legal agreement governed by Indonesian law that establishes the terms and conditions of a guaranteed sale transaction. The document outlines the obligations of both seller and buyer, specific guarantee mechanisms, quality standards, delivery terms, and payment conditions. It incorporates key provisions from Indonesian Civil Code (KUHPerdata) and Trade Law, ensuring compliance with local regulatory requirements while providing security for both parties through guaranteed purchase and sale commitments. The agreement includes detailed specifications of the goods or assets being sold, guarantee execution procedures, and dispute resolution mechanisms specific to Indonesian jurisdiction.

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What is a Guaranteed Sale Agreement?

The Guaranteed Sale Agreement is a specialized commercial contract used in Indonesian business transactions where parties seek to establish binding commitments for the sale and purchase of goods or assets with guaranteed execution. This document is particularly valuable in situations requiring certainty of sale, such as large-scale commodity transactions, real estate deals, or manufacturing contracts. It integrates Indonesian legal requirements, including provisions from the Civil Code (KUHPerdata) and Trade Law, while incorporating international commercial best practices. The agreement typically includes comprehensive terms covering product specifications, quality standards, delivery schedules, guarantee mechanisms, and specific procedures for executing the guarantee if triggered. It's designed to provide security and clarity for both parties, making it especially useful in high-value transactions or long-term supply arrangements where price or market fluctuations could impact the transaction.

What sections should be included in a Guaranteed Sale Agreement?

1. Parties: Identification of all parties to the agreement, including full legal names, addresses, and registration numbers

2. Background: Context of the agreement, relationship between parties, and purpose of the guaranteed sale arrangement

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

4. Subject Matter of Sale: Detailed description of the goods/property being sold under the guarantee

5. Purchase Price: Agreed purchase price, payment terms, and payment schedule

6. Guarantee Terms: Specific terms of the guarantee, including conditions, duration, and trigger events

7. Seller's Obligations: Detailed obligations of the seller including delivery, maintenance of quality, and compliance requirements

8. Buyer's Obligations: Detailed obligations of the buyer including payment, inspection, and acceptance procedures

9. Guarantee Execution Process: Process and procedures for executing the guarantee when triggered

10. Representations and Warranties: Standard representations and warranties from both parties

11. Term and Termination: Duration of the agreement and circumstances for termination

12. Governing Law and Dispute Resolution: Choice of Indonesian law and dispute resolution mechanisms

13. Notices: Process and requirements for formal communications between parties

14. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments

What sections are optional to include in a Guaranteed Sale Agreement?

1. Quality Assurance: Detailed quality standards and testing procedures, required when selling manufactured goods or specific commodities

2. Storage and Maintenance: Requirements for storage and maintenance of goods before transfer, needed for perishable goods or items requiring special handling

3. Insurance: Insurance requirements and responsibilities, important for high-value items or when required by financing arrangements

4. Third-Party Rights: Rights and obligations of any third-party guarantors or financial institutions involved in the guarantee structure

5. Export/Import Provisions: Required when the guaranteed sale involves international trade

6. Intellectual Property: Needed when the sale involves products with associated intellectual property rights

7. Confidentiality: Required when sensitive commercial information is involved in the transaction

What schedules should be included in a Guaranteed Sale Agreement?

1. Schedule 1 - Product Specifications: Detailed technical specifications of the goods being sold

2. Schedule 2 - Pricing Structure: Detailed breakdown of pricing, including any variables or adjustments

3. Schedule 3 - Quality Standards: Specific quality standards, testing procedures, and acceptance criteria

4. Schedule 4 - Delivery Schedule: Detailed timeline for delivery and acceptance of goods

5. Schedule 5 - Guarantee Calculation: Formula and examples for calculating guarantee values or adjustments

6. Appendix A - Required Documents: List of all required documentation for the sale and guarantee process

7. Appendix B - Contact Details: Detailed contact information for key personnel and authorized representatives

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

Indonesia

Publisher

Ƶ

Document Type

Sale Agreement

Cost

Free to use
Relevant legal definitions








































Clauses








































Relevant Industries

Manufacturing

Real Estate

Agriculture

Commodities Trading

Industrial Equipment

Automotive

Construction

Technology

Consumer Goods

Energy

Mining

Relevant Teams

Legal

Commercial

Procurement

Sales

Finance

Risk Management

Compliance

Operations

Supply Chain

Business Development

Relevant Roles

Commercial Director

Procurement Manager

Sales Director

Legal Counsel

Contract Manager

Business Development Manager

Risk Manager

Finance Director

Operations Manager

Supply Chain Manager

Compliance Officer

Chief Financial Officer

General Manager

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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