Use this contract:

• To sell an item or goods of any kind, new or second-hand.
• When the sale takes place face-to-face or remotely.
• If the delivery is domestic or international.
• When the price is to be paid in advance or afterwards, in a lump sum or by instalments.

Protect yourself legally as a seller with the following options: 

• Indication of approximate deadlines, with a certain delay to be tolerated and a grace period. 
• Specification of known and accepted defects, maximum inspection period and limitation of liability. 
• Invoicing of additional costs, taxes and customs duties without reservation, with or without a pre-approved ceiling. 
• Imposition of additional restrictions on the buyer’s use or resale of goods. 
• Obligation of partial or total payment in advance, and a penalty in the event of cancellation of the order by the customer. 

Safeguard your interests as a buyer by using the following clauses: 

• Granting of a tolerated period of delay with the right to terminate. 
• Additional warranty period and assignment of original manufacturer’s warranties. 
• Limitation of chargeable fees and taxes to the maximum amount approved. 
• Agreement of a staggered payment plan with monthly or quarterly instalments. 
• Non-equivocal allocation of customs duty and VAT payment obligations. 

A sale of goods agreement is a legal document signed between a seller and a buyer to outline the duties, rights and manage legal risks related to the sale of movable property. With our sales contract template, it’s possible to mitigate any property- and quality-related risks and responsibilities for the vendor, and to secure the payment of the purchase price.

Sellers use an agreement to sell template: 

• To conclude a sale of goods of any kind (for example: stock, commodities, raw materials, or hardware).
• To perform a domestic or international sale and regulate terms of delivery, warranties, restrictions, limitations on liability, and quality inspection period.
• To establish the terms of payment and coverage of ancillary costs, such as VAT, customs duties, or transportation insurance.

Key aspects of a sale of goods agreement 

• This type of transaction is primarily made by a company or a registered business, and less frequently by individuals. 
• The document should clearly set out the description of goods, terms of delivery, payment price, and deadline. 
• Sellers often limit or exclude liability, set out short quality inspection periods, and unequivocally define the moment of transfer of risks. 
• Buyers often request longer warranty periods, late delivery penalties as deterrents, and short termination notice in case of defect or non-delivery on deadline. 

Eight tips on a sale of goods agreement 

To legally protect yourself as a seller, we encourage you to opt for the next points: 

• Shortening of the warranty period and limitation of liability to a certain amount, usually equivalent to the price paid. 
• Definition of which ancillary costs may be rebilled to the buyer on top of the price, such as taxes and customs duties. 
• Request of advance down payment in full or in part as a precondition to sale. 

• Cancellation penalty if the option of advance cancellation of order is given to the purchaser. 

Our sales contract template offers protection and benefits to the buyer as well. These might be: 

• Instalment plan for the payment of the price in multiple tranches. 
• Option of early cancellation of order with or without cancellation fee, until a certain date. 
• Ability to rescind from agreement in case of late delivery overpassing certain tolerated delay, as well as penalties for late delivery. 
• Additional manufacturer’s warranties, preference of remedies in case of defects, and a longer optional seller’s warranty period. 

Create a sale of goods agreement with AdminTech 

Using AdminTech online document builder and a sales contract template, the only required thing is to fill in the fields with the appropriate information, tailoring the document to the specific situation.  

A professional selling contract template allows to cover the following information:  

• Parties’ contact details and identification 
• Description of goods 
• Terms and deadline of delivery 
• Purchase price and terms of payment 
• Ancillary costs, VAT, and customs duties 

FAQ on a sale of goods agreement 

What’s a sales agreement for sellers?  

A sale of goods contract template from AdminTech provides sellers with an opportunity to create a professional document that can be used for selling various kinds of goods. The contract sample is made by a lawyer and is governed by Swiss law in compliance with international trading principles. 

What remedies is the buyer entitled to in case of defects? 

In the event that sold goods show defects at the moment of their sale, the buyer is generally entitled to one of the following remedies, depending on which is the most appropriate in the circumstances: 

• Proportional reduction of the price 
• Repair of goods at seller’s expense 
• Replacement of goods by similar articles 
• Cancellation of sale 

Using our sales agreement example, the parties may convene the priority that must be given to one or the other measure. 

Is a verbal sales agreement valid in Switzerland?  

Swiss law does not require a written form for a sales agreement, but it is advised to draft a contract for the sale of goods or at least a sale of goods act for the following reasons: 

• The only tangible proof of the parties’ terms 
• A solid proof of value for customs authorities and tax administration 

Can the buyer withdraw from a sales agreement? 

The buyer may rescind a sales agreement and cancel it in the following events: 

• Faulty goods that cannot be reasonably repaired or replaced 
• The agreement was concluded under error or acts of fraud 
• The agreement becomes impossible to fulfil due to force majeure (for example, import sanctions) 
• If the agreement allows so, and under the terms of such agreement. 

Is the sale of goods subject to VAT in Switzerland? 

The sale of goods is generally subject to the value-added tax of 8.1% if the sale is done by a Swiss business entity registered with VAT authorities. The seller must include the VAT amount in the sales invoice or a sale of goods act. The amount may be indicated as net plus VAT, or as a total amount (all taxes included). 

Is the import or export of goods subject to Swiss VAT? 

Import of goods to Switzerland is subject to the same VAT rate, to be paid by the importer or by the final purchaser located in Switzerland. Export of goods is generally exempt from Swiss VAT, subject to strict rules on the means of proof. 

When is the property transferred under the sales agreement? 

Under Swiss law, the property of goods is only transferred to the buyer once their effective possession has been transmitted. Upon signing a sales agreement, the property remains with the seller but passes to the buyer upon delivery. 

Can the seller recollect the sold goods for default of payment? 

In principle, the property of sold goods cannot be recollected even in the event of non-payment. 

Exceptionally, a property reserve clause allows the vendor to recollect the merchandise in the event of non-payment. 

How can sellers ensure a successful sales experience? 

To ensure a successful selling experience, it’s generally advisable to: 

• Comply with sales provisions of the Swiss Code of Obligations and the federal VAT act. 
• Describe the goods without ambiguity and indicate any accepted defects upfront. 
• Determine how the goods should be handed over and which of the parties assumes the risk of transportation, unloading, and assembly, if applicable. 
• Stipulate clear deadlines and indicate if they are approximate or strict, including any tolerated delay before cancellation. 
• Draft and sign a detailed sales agreement with our sale of goods contract template. 
• Keep good records of all transactions, complaints, and notifications as proof, preferably though an additional sale of goods act. 

Use this contract:

• To sell a new or used car or motorbike
• Whether the buyer collects the vehicle or has it delivered.
• Whether or not you are responsible for importing, registering or carrying out roadworthiness tests.
• When the price is paid in cash or by bank transfer, before or after the sale.

Safeguard your seller’s rights with the following terms: 

• Indication and acceptance of notified defects, current mileage and relevant technical documentation. 
• Obligation of the purchaser to give preference to repair, replacement or price reduction before cancelling the purchase due to defects. 
• Stipulation of approximate and flexible deadlines with obligation to tolerate slight delay. 
• Requiring payment in advance, in full or in part. 
• Specification of charges, taxes, and customs duties to be invoiced in addition to the price. 

As a buyer, you can benefit from the following opportunities: 

• Obligatory technical inspection by the seller for used cars. 
• Transport insurance and additional repair guarantee required. 
• Possibility of an instalment plan with or without advance payment. 
• Allocation of time to cancel the order before the due date. 
• Capping of charges, taxes, and customs duties payable. 

Vehicle sale contract 

A vehicle sale agreement is a legal document signed between a seller and a buyer to regulate the obligations, rights, and legal risks associated with the sale of any type of vehicle. Using our vehicle sale contract template it’s possible to minimise the seller’s risks and ensure payment of the purchase price. 

Sellers use a vehicle selling agreement template: 

• To conclude a sale of a new or used vehicle (for example: an automobile, utility truck, or motorbike).
• To perform a domestic or international sale and regulate terms of delivery, warranties, restrictions, limitations on liability, and quality inspection period.
• To establish the terms of payment and coverage of ancillary costs, such as VAT, customs duties, or transportation insurance.

Key aspects of a vehicle sale contract 

• The vehicle sale contract template is often used by a company or business, as well as by individuals who resell a used car. 
• The document must contain a clear description of the vehicle, known defects, delivery terms, price, and payment terms. 
• The seller usually limits or excludes liability, provides for a shorter quality inspection period, and specifies when the risk passes. 
• Buyers usually demand longer warranty periods, deterrent penalties for delay, and shorter cancellation periods in case of defects or failure to meet delivery dates. 

Eight tips on a vehicle sale contract 

Our car sale contract template protects the seller’s legal interest with the following options: 

• Indicating any known defects, the date of the last inspection, and the mileage of the used auto. 
• Indicating any additional costs (for example: taxes and customs duties) that may be passed on to the buyer in addition to the price. 
• Requiring a full or partial down payment. 

• Charging cancellation penalties if the buyer has the option to cancel the order early. 

Our sales contract sample protects the buyer as well and offers advantages such as: 

• Payment plan with the option to pay for the purchase in instalments. 
• Orders can be cancelled in advance before a certain date, with or without a cancellation penalty. 
• Possibility to cancel the agreement if the delivery is later than a certain period, with a late delivery penalty. 
• Additional manufacturer’s warranties, priority compensation in case of defects, and longer warranty period, as well as other legal remedies. 

Create a vehicle sale contract with AdminTech 

Using AdminTech online document builder and a vehicle sale contract template, you can simply fill in the necessary information, and the document will automatically adjust to your specific needs.  

A professional vehicle selling agreement template allows to cover the following information:  

• Parties’ contact details and identification. 
• Description of vehicle and its characteristics. 
• Mileage, known defects, and preliminary technical control for used cars. 
• If and when the vehicle is recuperated or delivered to the buyer. 
• Purchase price, taxes, ancillary expenses, and terms of payment. 

FAQ on a vehicle sale contract 

What’s the difference between a sales agreement and a bill of sale?  

Selling a car agreement form by AdminTech provides sellers with an opportunity to create a professional document to regulate all rights and liabilities of parties in relation to the eventual sale of a vehicle. 

A bill of sale is a sales act stating that a purchase has already been performed, that the vehicle is accepted by the buyer as is, and outlines if any remaining price is still due. 

What compensation is the buyer entitled to in case of defects? 

If the sold vehicle shows defects at the moment of its sale, the buyer is generally entitled to one of the following remedies, depending on which is the most appropriate in the circumstances: 

• Proportional reduction of the price. 
• Repair of vehicle at seller’s expense. 
• Replacement of vehicle by an identical or similar model. 
• Cancellation of sale. 

In our vehicle sale contract template, the parties may determine the priority to be given to each measure. 

For used vehicles, parties generally accept defects upfront without reserve by a specific clause in our example of agreement of sale for a car. 

Can a vehicle sale be done in verbal form?  

Swiss law does not require a written form for a sales agreement, but it is advisable to use a car-selling contract template or at least a sale of vehicle act for the following reasons: 

• The only tangible proof of parties’ terms. 
• A solid proof of value for customs authorities and tax administration. 
• A necessary title of ownership to register the number plates on the vehicle. 

Can the buyer cancel the purchase after signing the agreement? 

The buyer may cancel a purchase in such cases as: 

• Undisclosed defects that cannot be reasonably eliminated. 
• The purchase was agreed under fraudulent influence or error. 
• The sale becomes impossible to accomplish due to force majeure (for example, a vehicle is damaged before delivery). 
• As per the specific terms of the agreement that allow to do so in some circumstances. 

Is the sale of second-hand vehicles exempt from VAT in Switzerland? 

A domestic sale of a new or used vehicle is not subject to value-added tax in Switzerland if it is sold by an individual, as well as by any company or business not registered under VAT status. 

The VAT of 8.1% shall be due, however, in the following events: 

• Importation of vehicles from abroad. 
• Sale of vehicle by a business registered with VAT status. 

The seller must state the amount of VAT on the invoice or sale certificate. The amount may be stated as net plus VAT or gross (including all taxes). 

Can the seller recollect the vehicle for default of payment? 

In principle, the property of sold objects cannot be recollected even in the event of non-payment. 

Exceptionally, a property reserve clause allows the vendor to recollect the vehicle in the event of non-payment. An alternative would be to conclude a leasing agreement with an option of buy-out, in which case the right of use is granted to the lessee, but not the property itself. 

How can sellers ensure a successful vehicle sales experience? 

To ensure a successful selling experience, it’s generally advisable to: 

• Comply with Swiss law and regulations on technical control for used vehicles. 
• For a used car indicate its mileage and known defects as well as attach the last technical inspection report. 
• Determine if additional preliminary or after-sale duties must be done by the seller (for example: repainting, registration, technical inspection). 
• Draft and sign a detailed automobile sales contract with our auto sale contract template. 
• Keep proper records of all transactions, complaints, and notifications for evidentiary purposes. 

Use this document: 

• When a sale of an object or goods of any kind has been duly carried out as planned.
• If you have not previously entered into a written sales contract, or to ascertain that the obligations of the contract have been properly fulfilled.
• Whether or not the sale price has already been paid, in full or in part.
• When both parties are satisfied, subject to any balance of the price still to be paid.

Protect your interests as a seller with the following terms and conditions: 

• Clear and unreserved declaration that the buyer accepts the goods as they are, including any notified defects. 
• Release of all liability of the seller and clear indication of the absence of any additional guarantee. 
• Specification of the amount of the price still to be paid, particularly if the sale has been made verbally. 

This document also protects the buyer as follows: 

• Establishment of a title deed when the sale has been made verbally. 
• Specification of the purchase price for tax or customs authorities, as proof. 
• Confirmation from the seller that any price, or part of the price, has been duly paid. 

Use this contract:

• To hire a vehicle of any kind, whether you are the owner or the lessee (sublease).
• Whether the rental is for a specific day or for a long fixed or indefinite period.
• Whether the hire is to private individuals or companies, for business or pleasure.
• Whether or not you wish to include or charge certain additional costs.

Safeguard your lessor’s rights with the following terms: 

• Indication and acceptance of notified defects, current mileage and relevant technical documentation. 
• Unambiguous specification of additional taxes and charges and their invoicing and processing. 
• Obligation on the lessee to carry out tasks prior to return, such as refuelling or cleaning. 
• Stipulation of a renewal period or minimum duration for which the rent must be paid by the customer, with payment in advance. 
• Limitation of liability to the amount of rent actually paid, whatever the defect. 

Benefit from the following options as a lessee: 

• Obligatory technical inspection by the lessor for used cars, and other preliminary tasks. 
• Flexible choice of rental payment method and capping of charges per rental period. 
• Possibility of early termination before term, or for irreparable defects. 
• Obligation of the lessor to compensate for any additional damage caused by default or delay. 

Lease agreement

A lease agreement template allows to draft a legal document signed between a lessor and a lessee to regulate the obligations, rights, and legal risks associated with the renting of any type of vehicle. Using our lease contract example it’s possible to minimise the risks and ensure payment of the regular rent instalments.

Lessors make a lease agreement: 

• To conclude a rental of a new or used vehicle (for example: an automobile, utility truck, or motorbike).
• To perform a domestic or international lease, regulating terms of delivery and return, restrictions, limitations on liability, and quality inspection period.
• To establish the terms of payment and coverage of ancillary costs, such as VAT, customs duties, or transportation insurance.

Key aspects of a lease agreement 

• The lease agreement template is often used by a company or business, as well as by individuals wishing to rent out a used car. 
• The document must contain a clear description of the vehicle, known defects, delivery terms, price, and payment terms. 
• The lessor usually limits or excludes liability, provides for a shorter quality inspection period, and specifies when the risk passes. 
• Lessees usually demand longer warranty periods, deterrent penalties for delay, and shorter cancellation periods in case of defects or failure to meet delivery dates. 

Seven tips on a lease agreement 

Our lease contract example protects the lessor’s legal interest with the following options: 

• Indicating any known defects, the date of the last inspection, and the mileage of the used auto. 
• Indicating any additional costs (for example: taxes and customs duties) that may be passed on to the lessee in addition to the rent. 
• Requiring a down payment guarantee deposit. 

• Stipulating longer termination notices during which the rent should be paid. 
• Restricting unauthorised use or subrenting of the leased vehicle. 

Our lease contract template protects the lessee as well and offers advantages such as: 

• Shorter termination notices without penalty and immediate termination option for defects. 
• Additional warranties, lessor’s liability for defects and delay, as well as other legal remedies. 

Create a lease agreement with AdminTech 

Using AdminTech online document builder and a lease agreement template, you can simply fill in the necessary information, and the document will automatically adjust to your specific needs.  

A professional lease agreement allows to cover the following information:  

• Parties’ contact details and identification. 
• Description of the vehicle and its characteristics. 
• Mileage, known defects, and preliminary technical control for used cars. 
• Conditions regarding the recovery or delivery of the vehicle to the lessee. 
• Instructions on how and when the car should be returned to the lessor. 
• Rent amount, taxes, ancillary expenses, and guarantee down payment. 

FAQ on a lease agreement 

What’s the difference between a lease agreement and a sales agreement?  

A vehicle lease agreement by AdminTech provides lessors with an opportunity to create a professional document to regulate all rights and liabilities of parties in relation to the eventual rental of a vehicle. 

A sales act, on the other hand, transfers the property to the buyer, even if the price is to be paid in instalments over a long term. 

What compensations is the lessee entitled to in case of defects? 

In the event that the rented vehicle shows defects, the lessee is generally entitled to one of the following remedies, depending on which is the most appropriate in the circumstances: 

• Proportional reduction of the rent. 
• Repair of a vehicle at the lessor’s expense. 
• Temporary or definitive replacement of vehicle by an identical or similar model. 
• Termination of lease. 

In our example of a lease agreement for a car, parties typically agree to accept any known defects upfront without reservation through a specific clause, especially for used vehicles. 

Can a vehicle lease be done in verbal form?  

Swiss law does not require a written form to make a lease agreement, but it is advisable to use a car lease contract template for the following reasons: 

• The only tangible proof of parties’ terms. 
• A solid proof of value for customs authorities and tax administration. 
• A necessary title of use to register the number plates on the vehicle. 

Can the lessee terminate the lease prematurely? 

The lessee may cancel a lease under the following circumstances: 

• Undisclosed defects that cannot be reasonably eliminated.  
• Newly discovered defects that render the car unusable, without fault on the part of the lessee. 
• The lease becomes impossible to continue due to force majeure (for example, the vehicle is stolen by a third party).  
• As per the specific terms of the agreement that allow to do so in certain situations. 

Is the lease of a vehicle exempt from VAT in Switzerland? 

A domestic lease of goods is not subject to value-added tax in Switzerland if it is rented by an individual, as well as by any company or business not registered under VAT status. 

The VAT of 8.1% shall be due, however, in the following events: 

• Importation of vehicles from abroad. 
• Lease of vehicle by a business registered with VAT status. 

The lessor must state the amount of VAT on the invoice or indicate a specific clause in our lease contract example. The amount may be stated as net plus VAT or gross (including all taxes). 

Can the lessor recollect the vehicle for default of payment? 

The lessor may enforce recollection of the vehicle upon termination of the lease agreement for default of payment. However, such actions should be carried out with respect to public order and applicable legal procedures, usually with the solicitation of a professional lawyer. 

The lessor is prohibited from forcefully recollecting the vehicle himself. 

How often should the rent be paid for a lease? 

There are no specific legal provisions on the regularity of rent. Parties are free to determine on what periods, and in what amount shall the rent be due, as well as to determine if it is paid in advance or after the expiry of such lease period. 

How can a lessor ensure a successful vehicle lease experience? 

To ensure a successful lease experience, it’s generally advisable to: 

• Comply with Swiss law and regulations on technical control for used vehicles. 
• For a used car indicate its mileage and known defects as well as attach the last technical inspection report. 
• Determine if additional preliminary duties must be done by the lessor (for example: repainting, registration, technical inspection). 
• Draft and sign a detailed lease agreement template using our sample. 
• Keep proper records of all transactions, complaints, and notifications for evidentiary purposes.