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SALES AGREEMENT
THIS AGREEMENT (below the Agreement) IS CONDUCTED BETWEEN
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Product table
1. Transfer of property
The Seller hereby undertakes, in accordance with this agreement, to Sell the Goods described in the [Insert “Definition” or appendix”], under the condition set out in the Agreement.
2. Delivery
The Goods shall be provided by the Seller to [Insert location] and must be collected by the Buyer at his own expense on the Delivery Date.
The delivery time is determined for each individual delivery. An order must be placed no later than [Insert prefered time] before the desired Delivery Date.
If the Seller discovers that an agreed delivery time cannot be met or if a delay in delivery appears likely., the Seller shall notify the Buyer of this at once. If the Buyer discovers that it will be unable to take receipt of the Goods on the Delivery Date or if a delay appears likely, the Buyer shall notify the Seller of this at once.
If the Seller has notified the Buyer of a delay in delivery in accordance with section 8, the Seller shall not be deemed to be delayed in making delivery. In other respects, a delay in delivery only affords the Buyer those rights stated in section 7.
If the delivery is delayed due to a circumstance specified in section 7, the Seller shall not be deemed to be delayed in making delivery. If delivery is delayed due to a circumstance specified in Section 7 or due to a circumstance that is attributable to the Buyer, or if the Seller has otherwise given notice in accordance with Section 2, the delivery time shall be extended by a reasonable length of time
If the delivery time is extended in accordance with Section 2 by longer [Insert time] and if the Goods have not been delivered by the end of this time, either party is entitled to terminate the agreement in relation to delayed delivery by notifying the other party.
If the Buyer fails to take receipt of the Goods at the agreed Delivery Date, the Buyer is nevertheless obliged to make payment for the Goods. In such cases, the seller shall deal with storage of the Goods at the Buyer's risk and expense. The Seller is entitled, if the Seller so desires, to cancel the purchase instead.
3. Payment and invoice
The Purchase Consideration shall amount to [Insert amount and currency]. The Buyer shall pay value added tax and any other applicable tax or duty.
The payments shall be made in accordance with the Seller's instructions. [Insert instruction or add an attachment]
4. Ownership
Transfer of ownership and risk of the Good shall take place upon the Delivery Date, provided that the Buyers has fulfilled all his obligation set out in the Agreement.
5. Condition of the Property
The Goods shall be transferred in existing conditions as per the Delivery Date.
The Buyer has been given the opportunity to examine the Goods before receipt of the Goods.
All information relating to the Good, such as, without limitation to, composition, content, weight, size, shelf life, consistency and other data in catalogues, circulars, advertisements, images, electronic information and price lists and packaging is – with the exception of cases where the law requires exact information – approximate, and is subject to change. Such information is only binding if an agreement makes specific reference to it.
The Seller guarantees that the Property belongs to the Seller, that it is paid for, that it is not pledged and also that it is not subject to any compulsory measure or safeguard.
SELLER MAKES NO REPRESENTATION, WARRANTY, STATEMENT, OR OTHER ASSERTION, EXPRESS OR IMPLIED, WITH RESPECT TO THE QUALITY OR CONTENT OF THE GOODS.
6. Liability for faults or deficiencies
Faults or deficiencies in delivered Goods only entail the rights for the Buyer as stated below. A fault refers to a fault that is attributable to the manufacture or composition of the Product. A deficiency refers to the delivered Product not complying with the agreed quantity.
In the event of a fault or a deficiency, the Seller commits, at its own choice, to (i) replace the Goods, either in full or in part, (ii) to make an additional delivery, or (iii) compensate the Buyer [Insert Amount and currency].
If the Buyer wants to invoke any defect, they must submit a complaint within a reasonable time after detection.
If the Buyer does not submit a complaint about a defect within two (2) years of receiving the Property, the right to invoke said defect is lost.
7. Force Majeure
In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes
8. Jurisdiction
This Agreement shall be interpreted, construed and enforced in accordance with the laws of [insert country] without reference to or inclusion of the principles of choice of law or conflicts of law of that jurisdiction.
Disputes due to the agreement shall be settled by a general court.
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ID 6064806
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