Sample/Example Layaway Contract for Sale of Goods
(Will be modified accordingly)
This Contract for Sale of Goods is made this XX day of XXXXXX
2009 by and between American Tree Service Supply, a Rhode Island Partnership/Sole
Proprietor with its principal place of business at 895 Greenville Ave,
Greenville, R.I. 02828 ("Seller") and "John Doe Buyer", located at the
residence of "123 Extended Reach Chainsaw Way, Chainsaw, State, 12345 for the
purchase of the goods described below:
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Qty.
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Item #
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Description
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Price
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Total
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1
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ATSS200901
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Extended Reach Pole Saw
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$449.00
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$499.00 w/shipping
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1. Term. This Contract shall begin on _XXXXX, 2009
and end upon the final delivery of said chainsaw system, which shall be shipped
once final payment has cleared the bank of Seller. However, if as of such date
5 months after first payment is received, and Buyer is in arrears on the
account, Seller may, at his/her discretion cancel this contract and buyer may
forfeit any monies paid to seller to date.
2. Delivery. When Buyer has provided Seller final
payment, Seller will provide delivery notice within 3 days of check clearing
seller's bank. Product normally ships within 5-7 days after final payment check
clears all banking requirements. Seller will arrange for delivery through a
carrier chosen by Seller, the costs of which shall be F.O.B. Origin.
3. Risk Of Loss. The
risk of loss from any casualty to the Goods, regardless of the cause, will be
the responsibility of the Buyer to file claim against carrier if damaged in
transit. Buyer can request and will pay for additional transportation insurance
if directed in writing by the Buyer.
4. Acceptance. Buyer
will have the right to inspect the goods upon receipt, and within 3 business
days after delivery notify the carrier of damaged goods due to transport. Buyer
must give notice to Seller of any claim for damages on account of condition,
quality, or grade of the goods, and Buyer must specify the basis of the claim
in detail. Failure of Buyer to comply with these conditions will constitute irrevocable
acceptance of the goods by Buyer. All notices between the parties must be in
writing and delivered by courier or by certified mail, return receipt
requested.
5. Charges. Seller shall notify Buyer upon receipt of
payment and shall maintain a payment log. Buyer shall pay all charges on terms
of 0% interest. If Buyer becomes more than 2 months in arrears on any payment
due, Seller may, on notice to Buyer, cancel this contract without refund unless
the deposit due and all arrearages are brought current.
6. Deposit. Upon signing this Contract, Buyer shall
pay Seller a first deposit of $100.00 toward the total price. as a precondition for Seller's performance,
which deposit is to be credited to the last shipment.
7. Warranty. Seller warrants that the goods sold
hereunder are new and free from substantive defects in workmanship and
materials for one year, as described in the website. Seller's liability under
the foregoing warranty is limited to replacement of goods or repair of defects
at Seller's sole option. No other warranty, express or implied, is made by
Seller, and none shall be imputed or presumed.
8. Taxes. All sales taxes, tariffs, and other
governmental charges shall be paid by Buyer and are Buyer's Responsibility except
as Limited by Law.
9. Governing Law. This Contract shall be governed by
the laws of the State of Rhode Island. Any
disputes hereunder will be heard in the appropriate federal and state courts
located in Providence Plantations, Rhode
Island.
10. Force Majeure. Seller may, without liability,
delay performance or cancel this Contract on account of force majeure events or
other circumstances beyond its control, including, but not limited to, strikes,
acts of God, political unrest, embargo, failure of source of supply, or casualty.
11. Miscellaneous. This Contract contains the entire
agreement between the parties and supersedes and replaces all such prior
agreements with respect to matters expressly set forth herein. No modification shall be made to this Contract
except in writing and signed by both parties. This Contract shall be binding
upon the parties and their respective heirs, executors, administrators,
successors, assigns and personal representatives.
Seller Date
Buyer Date