Thursday 27 September 2012

Unique Content Article on software, applications, business, finance, sales

Composition Of A Sales Agreement


by Casandra Newton


A sales agreement is a contract over which there is transfer of goods, property or services from the seller to the buyer upon which an agreed amount of money is paid. This contract is legal and can be enforced in a court of law. It binds these two parties and any form of violation of it may result into a legal tussle. It is composed of several clauses with regards to the whole process and the two parties involved.

This document is highly informative since it gives the buyer a rough picture on how the goods are before having a look at them. During the drafting process, a detailed description of the goods being sold is given. This is the appearance and the quantity. This makes the buyer know the amount he or she is dealing with even before he or she has a look at them. In case of bulkiness, such a description is essential rather than having to move them to location of agreement.

Omission or wrong calculation of the costs is a mistake to avoid too. These costs are the prices of the goods for trade. A miscalculation could result into one party benefiting and the other suffering on a simple mistake that could cost the whole contract to stall. Here, maximum accuracy is emphasized before putting pen to paper upon completion.

At all times, never omit room for change. It is known that sometimes change is inevitable. Occurrence of situations could result into such change. In case the contract is fixed with no room for such, unnecessary legal battles are bound to ensue, and this is not appropriate for business. Amending clauses allowing for inclusion of some clauses at a future date rather than agreeing to them verbally are essential.

In case of legal tussles emerging between the two parties, a clear indication on where this tussle is to be solved must be in the contract. This refers to the right governing laws of the jurisdiction. Omission of this from the main contract of trade will result is confusion since there will be no clear guidelines on where and which laws will be applicable. For the authenticity of this contract, the signature part for the parties and their witnesses needs not to be skipped.

Clarity has to be maintained at all times when it comes to delivering the products to a final buyer. These terms must be clearly outlined in order for the party with this mandate to conduct it well when the time comes. Assumptions are the greatest mistakes to make. Every delivery detail must be in writing during the drafting process.

This contract clearly outlines the need for liability and the party that is responsible for the occurrence of theft or damages when the goods are on transit. This plan gives much weight in ensuring that careful planning and delivery process is carried out. These amounts to elimination of losses when during the delivery process and therefore, keep the contract alive.

Omission of liquidated damages in a sales agreement is a mistake one would want to avoid. A time, the other may ignore the contract while it is still in effect leading to the incurring of the losses to the other party. With legal administration through the clause of liquidated damages, such incidences are avoided.




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