Document background
The Agreement of Purchase and Sale is a fundamental commercial document used to formalize sales transactions under Swiss law. This agreement is essential when parties wish to document the transfer of ownership of goods, assets, or property in a legally binding manner. It is particularly relevant for both domestic Swiss transactions and international sales where Swiss law is chosen as the governing law. The document typically includes detailed provisions on price, payment terms, delivery, warranties, and risk transfer, all aligned with the requirements of the Swiss Code of Obligations. The agreement can be adapted for various transaction types, from simple product sales to complex asset transfers, and can incorporate specific requirements for regulated industries or special categories of goods. When drafting an Agreement of Purchase and Sale, particular attention must be paid to Swiss mandatory provisions regarding contract formation, warranty obligations, and remedies for breach.
