Mandate Agreement Swiss Law

Delivery contracts are not expressly included in the OC. Delivery contracts are governed by the general terms of sale of co and, by analogy, by analogy with the specific provisions of the CO relating to the types of contracts specifically defined in the CO contract (sales contracts, service contracts, agency contracts, etc.) and which are comparable to the supply contract in question according to the overall design and concept of the delivery agreement. In the absence of clear provisions, it is recommended that the terms of termination of the supply contract be specifically considered in the agreement in order to avoid any legal uncertainty. Subject to the principle of good faith, parties are generally free to agree on the applicable whistleblowing rules. However, some restrictions are remarkable. With respect to service delivery, the mandatory provision of section 404 CO provides that a service contract may be terminated at any time with immediate effect, unless the termination is incorrect. Therefore, a clause providing for a fixed or minimum term of the service contract would be considered non-acute. A third party can only impose a contractual clause to the extent that the contract is structured as a genuine contract in favour of granting a right of recourse to third parties. The granting of such a third-party right may be based on customary laws, agreements or practices. However, the existence of an enforceable right of third parties is not presumed and the burden of proof of the existence of such a right rests with the third party claiming such a right of direct enforcement. The code is based on the principle of contractual freedom[7], which includes freedom with respect to the content and nature of the contract, as well as the freedom of the parties to enter into agreements that do not fall within the specific part of the code.

[4] For example, two different provisions have been applied to distribution agreements: the rules on agency agreements (Article 418q, paragraph 1 CO) provide for a one-month notice period applicable in the first year of the contract. If the contract has been maintained longer, the courts instead apply the simple partnership provisions (Article 546, paragraph 1, CO), i.e. six months` notice. The CO predicts a delay rate of 5%. Again, on the basis of contractual freedom, the parties are free to agree on different tariffs.