The Contract Between Buyer and Seller serves as a crucial legal instrument for documenting commercial transactions in Belgium. This document is essential for any sale of goods or services, whether between businesses (B2B) or between businesses and consumers (B2C). It ensures compliance with Belgian legal requirements, including the Civil Code and Code of Economic Law, while also incorporating relevant EU regulations where applicable. The contract should be used whenever there is a need to formalize a sales transaction, particularly for significant purchases, recurring supply arrangements, or when specific terms and conditions need to be clearly documented. It includes comprehensive provisions covering product specifications, pricing, delivery terms, warranties, and dispute resolution mechanisms, adapted to meet Belgian legal standards and commercial practices.
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1. Parties: Identification and details of the buyer and seller, including full legal names, registration numbers (if companies), and addresses
2. Background: Context of the transaction and relationship between the parties
3. Definitions: Definitions of key terms used throughout the agreement
4. Subject Matter of Sale: Detailed description of the goods or services being sold
5. Purchase Price: Price, payment terms, method of payment, and currency
6. Delivery Terms: Delivery method, timing, location, and transfer of risk
7. Quality and Specifications: Quality standards, specifications, and compliance requirements of the goods
8. Warranties and Representations: Warranties provided by the seller regarding the goods and general representations by both parties
9. Inspection and Acceptance: Procedures for inspecting goods and accepting or rejecting delivery
10. Title and Risk: Transfer of ownership and risk in the goods
11. Termination: Circumstances under which the contract can be terminated and consequences
12. Governing Law and Jurisdiction: Confirmation of Belgian law as governing law and jurisdiction for disputes
13. General Provisions: Standard clauses including notices, amendments, and severability
1. Intellectual Property Rights: Required when the sale involves products with IP components or licensing requirements
2. Confidentiality: Needed when sensitive information will be exchanged during the transaction
3. Force Majeure: Optional clause defining circumstances beyond parties' control that may affect performance
4. Insurance: Required for high-value goods or when specific risks need to be covered
5. Export/Import Controls: Necessary for international sales or regulated goods
6. Data Protection: Required when personal data processing is involved in the transaction
7. After-Sales Service: Important for technical equipment or goods requiring maintenance
8. Return Policy: Particularly relevant for consumer contracts or specific types of goods
1. Schedule 1 - Product Specifications: Detailed technical specifications of the goods
2. Schedule 2 - Pricing Schedule: Detailed breakdown of prices, especially for multiple items or variable pricing
3. Schedule 3 - Delivery Schedule: Detailed delivery timelines and locations, particularly for multiple deliveries
4. Schedule 4 - Quality Standards: Specific quality requirements and testing procedures
5. Schedule 5 - Warranty Terms: Detailed warranty conditions and claim procedures
6. Appendix A - Required Certifications: Copies of relevant certifications or compliance documents
7. Appendix B - Technical Documentation: User manuals, maintenance guides, or other technical documents
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