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Sales And Service Agreement Template for Switzerland

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Key Requirements PROMPT example:

Sales And Service Agreement

"I need a Sales and Service Agreement for a Swiss medical device manufacturer supplying diagnostic equipment and maintenance services to hospitals, with specific emphasis on compliance with healthcare regulations and 24/7 support requirements."

Document background
The Sales and Service Agreement is a vital commercial contract used when a business relationship involves both the supply of products and the provision of ongoing services under Swiss law. This document is particularly relevant when companies need to establish a framework for regular product purchases combined with associated services such as maintenance, support, or implementation. The agreement ensures compliance with Swiss legal requirements, particularly the Swiss Code of Obligations, while addressing both the sales aspects (including delivery, quality, and warranties) and service components (including performance standards and support levels). It's commonly used in business-to-business relationships where ongoing support or services are integral to the product offering, and includes specific provisions required under Swiss commercial law for both sales and service arrangements.
Suggested Sections

1. Parties: Identification and details of the contracting parties

2. Background: Context of the agreement and business relationship

3. Definitions: Defined terms used throughout the agreement

4. Scope of Supply: Detailed description of products to be supplied and services to be rendered

5. Ordering Process: Procedures for placing and accepting orders

6. Pricing and Payment Terms: Product and service pricing, payment schedules, and payment methods

7. Delivery and Performance: Terms for product delivery and service performance standards

8. Quality Requirements: Quality standards for products and services

9. Warranties: Product and service warranties as per Swiss law requirements

10. Liability and Indemnification: Allocation of risks and responsibilities between parties

11. Term and Termination: Duration of agreement and termination provisions

12. Confidentiality: Protection of confidential information

13. Force Majeure: Provisions for unforeseen circumstances preventing performance

14. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction

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

Optional Sections

1. Intellectual Property Rights: Include when IP rights are relevant to the products or services

2. Insurance: Include when specific insurance requirements need to be maintained

3. Data Protection: Include when personal data processing is involved

4. Export Control: Include for international sales involving export restrictions

5. Non-Competition: Include when restricting parties from competing activities

6. Service Level Agreement: Include when specific service performance metrics are required

7. Training and Support: Include when product training or ongoing support is part of the agreement

8. Spare Parts and Maintenance: Include for products requiring ongoing maintenance or spare parts

9. Bank Guarantee: Include when financial security is required

Suggested Schedules

1. Product Specifications: Detailed technical specifications of products

2. Price List: Comprehensive list of products and services with pricing

3. Service Level Requirements: Detailed service performance metrics and standards

4. Warranty Terms: Detailed warranty terms and conditions

5. Territory: Geographic areas covered by the agreement

6. Contact Details: Key contact persons and escalation matrix

7. Technical Support Procedures: Procedures for requesting and providing technical support

8. Quality Control Procedures: Detailed quality control and testing procedures

9. Acceptance Test Criteria: Criteria for accepting delivered products or services

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions






























Clauses










































Relevant Industries

Manufacturing

Technology

Industrial Equipment

Healthcare

Telecommunications

Automotive

Electronics

Software and IT

Medical Devices

Construction Equipment

Energy

Consumer Goods

Professional Services

Retail

Relevant Teams

Legal

Commercial

Sales

Procurement

Operations

Service Delivery

Business Development

Contract Management

Supply Chain

Technical Services

Compliance

Account Management

Relevant Roles

Commercial Director

Sales Manager

Procurement Manager

Legal Counsel

Contract Manager

Business Development Manager

Operations Director

Service Delivery Manager

Account Executive

Supply Chain Manager

Chief Commercial Officer

Vendor Manager

Technical Services Director

General Counsel

Chief Operating Officer

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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