The Sale Of Equipment Contract is a crucial document used in Belgian commercial transactions for the purchase and sale of industrial, technical, or specialized equipment. This agreement is specifically designed to comply with Belgian civil and commercial law requirements, including implementation of relevant EU directives. It is commonly used when businesses need to formally document the acquisition of significant equipment, ensuring clear terms for specifications, delivery, installation, warranties, and after-sale support. The document incorporates mandatory Belgian legal provisions regarding commercial sales, product liability, and warranty obligations, while also addressing practical aspects such as acceptance testing and maintenance requirements. This contract type is particularly important for high-value equipment purchases where detailed technical specifications and clear performance criteria are essential.
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1. Parties: Identification and details of the seller and buyer, including registration numbers and authorized representatives
2. Background: Context of the sale, brief description of the equipment, and purpose of the agreement
3. Definitions: Definitions of key terms used throughout the contract
4. Equipment Description and Specifications: Detailed description of the equipment being sold, including make, model, and technical specifications
5. Purchase Price and Payment Terms: Price, payment schedule, payment method, and currency
6. Delivery and Installation: Delivery terms, timeline, location, installation requirements, and acceptance procedures
7. Title and Risk: Transfer of ownership and risk provisions
8. Warranties: Standard warranties for the equipment, including duration and scope
9. Liability and Indemnification: Limitations of liability and indemnification obligations
10. Force Majeure: Circumstances excusing performance and related procedures
11. Termination: Grounds for termination and consequences
12. Governing Law and Jurisdiction: Confirmation of Belgian law application and jurisdiction
13. Notices: Process and addresses for formal communications
14. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments
1. Training and Support: Include when seller provides training or ongoing technical support
2. Maintenance Services: Include when ongoing maintenance is part of the deal
3. Software License: Include when equipment includes software components
4. Export Control: Include for international sales or restricted equipment
5. Intellectual Property Rights: Include when equipment involves patented technology or proprietary systems
6. Environmental Compliance: Include for equipment with environmental impact or requirements
7. Spare Parts: Include when dealing with availability and supply of spare parts
8. Security Interest: Include when payment is in installments or financing is involved
1. Schedule 1 - Technical Specifications: Detailed technical specifications, drawings, and performance parameters
2. Schedule 2 - Price Breakdown: Itemized pricing, including components, installation, and other charges
3. Schedule 3 - Delivery Schedule: Detailed timeline for delivery, installation, and commissioning
4. Schedule 4 - Acceptance Tests: Criteria and procedures for equipment acceptance testing
5. Schedule 5 - Warranty Terms: Detailed warranty conditions, exclusions, and claim procedures
6. Schedule 6 - Maintenance Requirements: Maintenance schedules and procedures
7. Appendix A - Equipment Documentation: Operating manuals, certificates, and compliance documents
8. Appendix B - Form of Acceptance Certificate: Template for formal acceptance of equipment
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