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Commercial Sales Contract
"I need a Commercial Sales Contract for my manufacturing company based in Mumbai to supply industrial machinery parts to various automotive companies across India, with standard warranty terms and quarterly delivery schedules starting from March 2025."
1. Parties: Identification and details of the seller and buyer, including registered addresses and company registration numbers
2. Background: Context of the commercial relationship and purpose of the agreement
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Supply: Detailed description of goods to be supplied under the contract
5. Price and Payment Terms: Purchase price, payment schedule, and payment methods
6. Delivery Terms: Delivery schedule, location, and terms (including Incoterms if applicable)
7. Quality and Inspection: Quality standards, inspection procedures, and acceptance criteria
8. Warranties and Representations: Warranties regarding goods quality, title, and general representations of the parties
9. Title and Risk: Transfer of ownership and risk in the goods
10. Limitation of Liability: Limits on liability of both parties
11. Term and Termination: Duration of the agreement and circumstances for termination
12. Force Majeure: Events excusing performance and related procedures
13. Confidentiality: Protection of confidential information exchanged
14. Governing Law and Jurisdiction: Applicable law and courts having jurisdiction
15. Dispute Resolution: Process for resolving disputes between parties
16. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment
1. Insurance: Insurance requirements - include when high-value goods or specific risks need coverage
2. Intellectual Property Rights: IP provisions - include when goods involve patents, trademarks, or other IP
3. Export/Import Compliance: Include for international sales requiring compliance with trade regulations
4. After-Sales Service: Include when maintenance or support services are part of the sale
5. Training: Include when seller must provide training on use of goods
6. Bank Guarantee/Performance Security: Include when security for performance is required
7. Indemnification: Specific indemnities - include for high-risk transactions
8. Change Control: Include when specifications or requirements may need modification during the contract term
1. Schedule 1 - Product Specifications: Detailed technical specifications of the goods
2. Schedule 2 - Pricing Schedule: Detailed breakdown of prices, including any volume discounts or price adjustment mechanisms
3. Schedule 3 - Delivery Schedule: Detailed timeline for deliveries, especially for multiple shipments
4. Schedule 4 - Quality Standards: Specific quality requirements, testing procedures, and acceptance criteria
5. Schedule 5 - Warranty Terms: Detailed warranty terms, conditions, and claim procedures
6. Schedule 6 - Service Level Requirements: If applicable, specific service levels and performance metrics
7. Appendix A - Form of Purchase Order: Standard form for placing orders under the contract
8. Appendix B - Acceptance Certificate: Standard form for accepting delivered goods
Authors
Manufacturing
Retail
Wholesale Trade
Information Technology
Automotive
Electronics
Consumer Goods
Industrial Equipment
Pharmaceuticals
Textiles
Food and Beverage
Construction Materials
Chemical Industry
Agriculture
Legal
Commercial
Procurement
Sales
Business Development
Operations
Finance
Compliance
Supply Chain
Risk Management
Commercial Director
Procurement Manager
Sales Manager
Legal Counsel
Contract Manager
Business Development Manager
Supply Chain Manager
Chief Commercial Officer
Purchasing Officer
Sales Director
General Counsel
Operations Manager
Finance Manager
Compliance Officer
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