Monday, May 23, 2011

Contract of sale and purchase


AN AGREEMENT made this day _______ 20___ BETWEEN _________________whose Registered office is situated at _____________________________________(hereinafter called "the Principal") of the one part and ________________________ (hereinafter called "the Agent") of the other part.

WHEREBY IT IS AGREED as follows :

1. The Principal appoints the agent as and from the ____________________ to be its Sole Agent in _________________________________ (hereinafter called "the Area") for the sale of manufactured by the Principal and such other goods and merchandises (all of which are hereinafter referred to as "the goods") as may hereafter be mutually agreed between them.

2. The agent will during the term of _________________ years (and thereafter until determined by either party giving three months previous notice in writing) diligently and faithfully serve the Principal as Agent and will endeavour to extend the sale of the goods of the Principal within the area and will not do anything that may prevent such sale or interfere witch the development of the Principal´s trade in the area.

3. The Principal will from time to time furnish the Agent with statement of the minimum prices at which the goods are respectively be sold and the Agent shall not sell below such minimum price but shall endeavour in each case to obtain the best price obtainable.

4. The Agent shall not sell any of the goods to any person, company or firm residing outside the area, no shall he knowingly sell any of the goods to any person, company, or firm residing within the area with a view to their exportation to any other country or area without the consent in writing of the Principal.

5. The Agent shall not during the continuance of the Agency here constituted sell goods of a similar class or such as would or might compete or interfere with the sale of the Principal´s goods either on his own account or on behalf of any other person, company, or firm whomsoever.

6. Upon receipt by the Agent of any order for the goods the Agent will immediately transmit such order to the Principal who (if such order is accepted by the Principal) will execute the same by supplying the goods direct to the Customer.

7. Upon the execution of any such order the Principal shall forward to the Agent a duplicate copy of the invoice sent with the goods to the customer and in like manner shall from time to time inform the Agent when payment is made by the Customer to the Principal.

8. The Agent shall duly keep an account of all orders obtained by him and shall every ____ months send in a copy of such account to the Principal.

9. The Principal shall allow the Agent the following commissions (based on F.O.B. Spain values) _____________________________________________ in respect of all orders obtained directly by the Agent in the area which have been accepted and executed by the Principal. The said commission shall be payable every _____ months on the amounts actually received by the Principal from the Customers.

10. The Agent shall be entitled to commission on the terms and conditions mentioned in the last preceding clause on all export orders for the goods received by the Principal through ____________________


11. Should any dispute arise as to the amount of commission payable by the Principal to the Agent the same shall besettled by the Auditors for the time being of the Principal whose certificate shall be final and binding on both the Principal and the Agent.

12. The Agent shall not in any way pledge the credit of the Principal.

13. The Agent shall not give any warranty in respect of the goods without the authority in writing of the Principal.

14. The Agent shall not whitout the authority of the Principal collect any money from customers.

15. The Agent shall not give credit to or deal with any person, company, of firm which the Principal shall from time to time direct him not to give credit to or deal with.

16. The Principal shall have the right to refuse to execute or accept any order obtained by the Agent or any thereof and the Agent shall not be entitled to any commission in respect of any such refuse order or part thereof so refused.

17. All questions of difference whatsoever which may at any time hereafter arise between the parties here to or their respective representatives touching these presents of the subjects matter thereof or arising out of or in relation thereto respectively and whether as to construction or otherwise shall be referred to arbitration in Spain in accordance with the provision of the Arbitration.

18. This Agreement shall in all respect be interpreted in accordance with the Laws of Spain.

AS WITNESS the bands of the parties hereto the day and year first hereinbefore written.
(Signatures)


Friday, May 20, 2011

CONTRACT FOR PURCHASE AND SALE

WATCH!!! I have deleted the previous model because it referred more to real state sales. I have not found a free model on the web which you can download directly. This is only a part of a contact. I will keep trying. Otherwise you will have to translate the rest  from the Catalan/Spanish model.
 
 
 
 
 
CONTRACT FOR SALE OF GOODS

This Agreement ("Agreement") is entered into by and between [NAME OF SELLER] ("Seller") and [NAME OF BUYER] ("Buyer").
1. Sale of Goods. Buyer hereby agrees to purchase from Seller the goods (the "Goods") described in Exhibit A attached hereto.
2. Price & Manner of Payment.
(a) Price. The price for the Goods is set forth in Exhibit A.
(b) Payment. Buyer shall make payment for the Goods no later than [DATE]. Payment will be by [company check][wire transfer][credit card][other means of payment].

(c) Late Payments. Any amounts payable by Buyer hereunder which remain unpaid after the due date shall be subject to a late charge equal to 1.5% per month from the due date until such amount is paid.
3. Delivery. Seller shall use its reasonable efforts to deliver the Goods to Buyer on of before [DATE]. Delivery shall be made by [U.P.S.][Federal Express][other] to Buyer at the following address: [INSERT BUYER'S ADDRESS]. If the delivery is not made within ___ days of the scheduled delivery date, other than because of the fault of Buyer or by force majeure (as set forth in Section 8(l)), Buyer may cancel its purchase of the Goods. All transportation, shipping and handling charges shall be paid by Buyer. Buyer bears all risk of loss or damage to the Goods after the Goods have been received by Buyer.
4. Disclaimers and Warranty.
(a) Encumbrances. Subject to Section 8(d), Seller warrants that the Goods are now free, and that at the time of delivery shall be free from any security interest, lien or other encumbrance. Seller warrants that at the time of signing this Agreement, Seller neither knows nor has reason to know of the existence of any outstanding title or claim of title hostile to the rights of Seller in the Goods.
(b) Material Defects. Seller warrants that, at the time of delivery, to the Seller's knowledge, the Goods will be free from material defects in materials and workmanship. Buyer shall have the right and obligation to inspect the Goods on arrival and, within three (3) days of receipt, Buyer must give specific written notice to Seller of any problems or defects associated with the Goods at the time of delivery. Failure to provide such specific written notice within said three (3) day period shall result in Buyer's deemed irrevocable waiver of any right to make any claim against Seller with respect to problems associated with the Goods.
(c) Exclusions from Warranty. Excluded from the warranty are....

WATCH!!! I have deleted the previous model because it referred more to real state sales. I have not found a free model on the web which you can download directly. This is only a part of a contact. I will keep trying. Otherwise you will have to translate the rest  from the Catalan/Spanish model.