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Sample Layaway Contract

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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:

Qty.

Item #

Description

Price

Total

1

ATSS200901

Extended Reach Pole Saw

$449.00

$499.00 w/shipping






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



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"The electric pole saw exceeded my expectations. The best part is I didn't have to pay anyone at the end of the day."

Bill-Pensacola, FL

"This is the best pole saw that I have ever used, and the best pole saw attachments that have made my job so much easier and less costly. An added plus that I did not expect from this pole saw was no more back strain and my shoulders no longer ache from using my old shorter pole saws. The added height benefit is huge!"

Chuck P. Rehoboth, MA

 

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