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Buyer Seller Agreement for India

Buyer Seller Agreement Template for India

A comprehensive legal document governed by Indian law that establishes the terms and conditions for the sale and purchase of goods between parties. The agreement is structured in compliance with the Indian Contract Act, 1872, and the Sale of Goods Act, 1930, incorporating essential elements such as product specifications, pricing, delivery terms, warranties, and dispute resolution mechanisms. It provides legal protection for both buyer and seller while ensuring clarity in their commercial relationship and obligations. The document includes provisions for quality standards, payment terms, risk transfer, and other crucial aspects of the transaction, making it suitable for both one-time sales and ongoing supply arrangements.

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What is a Buyer Seller Agreement?

The Buyer Seller Agreement serves as a fundamental commercial contract in Indian business transactions, providing a legally robust framework for sales of goods between parties. This document is essential when parties need to formalize their buying and selling relationship, whether for a single transaction or ongoing business relationship. It encompasses critical elements required under Indian law, including the Indian Contract Act, 1872, and the Sale of Goods Act, 1930, while also addressing modern commercial practices and requirements. The agreement is particularly important for establishing clear terms regarding product specifications, quality standards, pricing, delivery, warranties, and dispute resolution. It helps prevent misunderstandings and provides legal recourse in case of disputes, making it a crucial tool for risk management in commercial transactions.

What sections should be included in a Buyer Seller Agreement?

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

2. Background: Describes the context of the agreement and the intention of the parties to enter into a buying/selling relationship

3. Definitions: Defines key terms used throughout the agreement to ensure clarity and prevent misinterpretation

4. Scope of Agreement: Outlines the general nature of the transaction and the broad responsibilities of each party

5. Product Specifications: Detailed description of the goods/products being sold, including quality standards and specifications

6. Price and Payment Terms: Specifies the agreed price, payment schedule, method of payment, and any applicable taxes

7. Delivery Terms: Details about delivery timeline, location, method, and associated costs

8. Title and Risk: Specifies when ownership and risk transfer from seller to buyer

9. Warranties and Representations: Standard warranties regarding product quality, ownership, and legal compliance

10. Term and Termination: Duration of the agreement and circumstances under which it can be terminated

11. Dispute Resolution: Process for resolving disputes, including jurisdiction and governing law

12. Force Majeure: Circumstances under which parties are excused from performance

13. Confidentiality: Obligations regarding confidential information shared during the transaction

14. Notices: How formal communications between parties should be made and delivered

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

What sections are optional to include in a Buyer Seller Agreement?

1. Quality Control and Inspection: Detailed procedures for quality inspection, applicable for complex or technical products

2. Return and Refund Policy: Terms for returns and refunds, particularly important for retail or consumer goods

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

4. Insurance Requirements: Necessary for high-value goods or when specific insurance coverage is required

5. Performance Guarantees: Applicable when specific performance metrics or standards need to be met

6. Export/Import Compliance: Required for international transactions or controlled goods

7. After-Sales Service: Important for technical products or those requiring maintenance/support

8. Minimum Purchase Commitments: Used in ongoing supply relationships with volume requirements

What schedules should be included in a Buyer Seller Agreement?

1. Schedule A - Product Specifications: Detailed technical specifications, drawings, or descriptions of the products

2. Schedule B - Pricing Schedule: Detailed breakdown of prices, including any volume discounts or price adjustment mechanisms

3. Schedule C - Delivery Schedule: Detailed timeline and logistics for delivery of goods

4. Schedule D - Quality Standards: Specific quality parameters, testing procedures, and acceptance criteria

5. Schedule E - Warranty Terms: Detailed warranty terms, conditions, and claim procedures

6. Appendix 1 - Required Certificates: Copies of necessary certifications, licenses, or permits

7. Appendix 2 - Form of Purchase Order: Standard format for purchase orders under the agreement

8. Appendix 3 - Service Level Agreement: Details of any associated service levels or performance metrics

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

India

Publisher

Ƶ

Document Type

Sales Contract

Sector

Sales

Cost

Free to use
Relevant legal definitions








































Clauses




































Relevant Industries

Retail

Manufacturing

Wholesale Trade

E-commerce

Technology

Consumer Goods

Industrial Products

Automotive

Electronics

Textiles

Food and Beverage

Agriculture

Pharmaceuticals

Construction Materials

Heavy Equipment

Relevant Teams

Legal

Procurement

Sales

Commercial

Operations

Finance

Compliance

Supply Chain

Risk Management

Business Development

Contract Administration

Relevant Roles

Procurement Manager

Sales Director

Commercial Manager

Legal Counsel

Contract Administrator

Supply Chain Manager

Business Development Manager

Operations Manager

Chief Financial Officer

Compliance Officer

Purchase Officer

Sales Manager

General Manager

Risk Manager

Category 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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