The Buyer And Seller Agreement Form is a fundamental commercial document used in Switzerland to formalize sales transactions between parties. It is designed to comply with Swiss federal law, particularly the Swiss Code of Obligations (OR/CO), and can be used for both business-to-business and business-to-consumer transactions. This document is essential when parties need to clearly define the terms of a sale, including specific details about the goods or services, pricing, delivery terms, warranties, and risk transfer. The agreement can be customized for various transaction types while maintaining compliance with Swiss legal requirements regarding contract formation, performance, and enforcement. It serves as a crucial tool for risk management and establishing clear expectations between parties engaged in commercial transactions.
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1. Parties: Identification and details of the Buyer and Seller, including full legal names, addresses, and registration numbers if applicable
2. Background: Context of the sale and brief description of the transaction purpose
3. Definitions: Key terms used throughout the agreement
4. Subject Matter of Sale: Detailed description of the goods or assets being sold
5. Purchase Price: Amount, currency, and payment terms including VAT considerations
6. Payment Terms: Payment schedule, method, and any conditions for payment
7. Delivery: Delivery terms, timing, and transfer of risk according to Swiss law
8. Transfer of Title: Conditions and timing for the transfer of ownership
9. Warranties: Standard warranties as required under Swiss law and any additional warranties
10. Liability: Scope of liability and any limitations permitted under Swiss law
11. Termination: Circumstances under which the agreement can be terminated
12. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction
13. Signatures: Execution blocks for both parties
1. Inspection Rights: Used when the buyer needs to inspect goods before acceptance
2. Intellectual Property: Required when the sale includes IP rights or licenses
3. Confidentiality: Added for transactions involving sensitive information
4. Insurance: Include when specific insurance requirements apply during transit or transfer
5. Force Majeure: Added for longer-term or complex delivery arrangements
6. Assignment: Include when transfer rights need to be restricted
7. Compliance with Laws: Added for regulated goods or cross-border transactions
8. Dispute Resolution: Optional mediation or arbitration provisions before court proceedings
1. Schedule 1 - Product Specification: Detailed technical specifications of goods being sold
2. Schedule 2 - Price Breakdown: Itemized pricing including any additional costs
3. Schedule 3 - Delivery Schedule: Detailed delivery timelines and locations if complex
4. Schedule 4 - Quality Standards: Specific quality requirements and testing procedures
5. Appendix A - Required Certificates: Copies of necessary certificates or permits
6. Appendix B - Warranty Terms: Detailed warranty conditions and claim procedures
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