The Sales Agreement serves as a fundamental commercial contract in Indonesian business transactions, essential for formalizing the sale and purchase of goods between parties. It is commonly used when businesses need to establish clear terms for recurring transactions or significant one-time purchases. The document must comply with Indonesian legal requirements, including the Civil Code (KUHPerdata), Commercial Code (KUHD), and various trade regulations. When involving Indonesian parties, the agreement must be drafted in Indonesian or bilingually as per Law No. 24 of 2009. The agreement typically includes detailed provisions on product specifications, pricing, delivery terms, warranties, and dispute resolution mechanisms, making it suitable for both domestic and international trade relationships while providing legal certainty for all parties involved.
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1. Parties: Identification of seller and buyer with complete legal names and addresses
2. Background: Context of the sale and brief description of the parties' business relationship
3. Definitions: Definitions of key terms used throughout the agreement
4. Sale and Purchase: Core agreement for the sale and purchase of goods, including description of goods
5. Price and Payment: Purchase price, payment terms, method of payment, and invoicing requirements
6. Delivery and Transfer of Title: Delivery terms, timeline, location, and point of transfer of ownership
7. Quality and Inspection: Quality standards, inspection procedures, and acceptance criteria
8. Warranties and Representations: Warranties regarding the goods and general representations of the parties
9. Term and Termination: Duration of agreement and circumstances for termination
10. Force Majeure: Events excusing performance and procedures during force majeure
11. Governing Law: Specification of Indonesian law as governing law
12. Dispute Resolution: Process for resolving disputes, including jurisdiction and venue
13. General Provisions: Standard legal provisions including notices, amendments, and severability
1. Intellectual Property Rights: Required when the goods involve patents, trademarks, or other IP rights
2. Confidentiality: Added when sensitive information will be exchanged during the business relationship
3. Insurance: Included when specific insurance requirements need to be maintained by either party
4. Export/Import Compliance: Required for international sales involving customs and trade regulations
5. Return Policy: Necessary for agreements where product returns are contemplated
6. After-Sales Service: Include when maintenance or support services are part of the sale
7. Exclusivity: Added when either party is granted exclusive rights
8. Compliance with Laws: Detailed section needed for regulated industries or products
1. Schedule 1 - Product Specifications: Detailed technical specifications of the goods being sold
2. Schedule 2 - Pricing Schedule: Detailed pricing information, including any volume discounts or price adjustment mechanisms
3. Schedule 3 - Delivery Schedule: Specific delivery dates, locations, and quantities
4. Schedule 4 - Quality Standards: Detailed quality requirements and testing procedures
5. Schedule 5 - Warranty Terms: Detailed warranty terms and claim procedures
6. Appendix A - Form of Purchase Order: Standard form for placing orders under the agreement
7. Appendix B - Technical Documentation: Product manuals, technical drawings, or other supporting documentation
Relevant legal definitions
Clauses
Relevant Industries
Manufacturing
Retail
Wholesale Trade
Consumer Goods
Technology
Agriculture
Mining
Automotive
Electronics
Textiles
Food and Beverage
Pharmaceuticals
Construction Materials
Industrial Equipment
Chemical Products
Relevant Teams
Legal
Sales
Procurement
Commercial
Operations
Compliance
Supply Chain
Business Development
Finance
Contract Administration
Relevant Roles
Legal Counsel
Commercial Director
Sales Manager
Procurement Manager
Contract Administrator
Business Development Manager
Supply Chain Manager
Chief Commercial Officer
Operations Director
Compliance Officer
Account Executive
Purchase Manager
General Manager
Chief Legal Officer
Trade Compliance Manager
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