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Bill of Sale Template
________________ (Name) seller of ________________ (address) ________________ (city) ________________ County ________________ (state) in consideration of _____________ Dollars ($___) paid me by ________________ (name) buyer of ________________ (address) ________________ County ________________ (State) receipt of which is hereby acknowledged, do grant, sell, transfer and deliver to buyer the following goods:
(Please describe in detail)
Buyer shall have all rights and title to the goods in ____________________ (himself or herself) and ___________________ (his or her) executors, administrators and assigns.
Seller is the [lawful owner] and/or [appointed administrator/broker] of the goods and the goods are free from all encumbrances.
Seller has good right to sell the goods and will warrant and defend the right against the lawful claims and demands of all persons.
In connection with this Bill of Sale, each party will execute and deliver any additional sale documents that may be deemed necessary and appropriate to complete the sale obligations contemplated herein.
Seller hereby warrants that (s)he is the lawful owner of said property and that (s)he has full legal right, power, and authority to sell said property.
Seller further warrants said property to be free of all encumbrances, liens, security agreements, claims, demands, and charges of every kind whatsoever and will warrant and defend the title to said property against any and all persons whomsoever.
Arbitration. Any disputes pertaining to said contractual arrangement being affairs that cannot be settled amicably shall be submitted to an arbitrator under the Rules of the American Arbitration Association or like organization in the City of [city], whose award may be reduced to judgment in any court of competent jurisdiction.
Severability. If any provision of this Bill of Sale shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Bill of Sale is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
Waiver Of Contractual Right. The failure of either party to enforce any provision of this Bill of Sale shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Bill of Sale.
Interpretation. This Bill of Sale will in all events be construed as a whole, according to its fair meaning, and not strictly for or against a party merely because that party (or the party's legal counsel) drafted the Bill of Sale. The headings, captions, and titles in this legal Bill of Sale are merely for reference and do not define, limit, extend, or describe the scope of this Bill of Sale or any provision herein. Unless the context requires otherwise, (a) the gender (or lack of gender) of all words used in this Bill of Sale includes the masculine, feminine, and neuter, and (b) the word including means including without limitation.
Advice Of Legal Counsel. Each individual party to this Bill of Sale represents and warrants to each other party that such party has read and fully understands the terms and provisions hereof, has had an opportunity to review this Bill of Sale with legal counsel, and has executed this Bill of Sale based upon such party's own judgment and advice of independent legal counsel.
Modifications. A modification or waiver of any of the provisions of this Bill Of Sale shall be effective only if made in writing and executed with the same formality as this Bill Of Sale. Failure of either party to insist upon strict performance of any of the provisions of this Bill Of Sale shall not be construed as a waiver of any subsequent default of the same or similar nature.
No Harassment. Both parties agree not to molest, harass, interfere with, or impose any restraint upon the other, except as set out in this Bill Of Sale.
Interpretation. This Bill Of Sale will in all events be construed as a whole, according to its fair meaning, and not strictly for or against a party merely because that party (or the party's legal counsel) drafted the Bill Of Sale. The headings, captions, and titles in this Bill Of Sale are merely for reference and do not define, limit, extend, or describe the scope of this Bill Of Sale or any provision herein. Unless the context requires otherwise, (a) the gender (or lack of gender) of all words used in this Bill Of Sale includes the masculine, feminine, and neuter, and (b) the word including means including without limitation.
Notices. Any notice to be given or to be served upon any party hereto must be in writing and may be given by certified or registered mail, but shall be deemed to have been given and received when a certified or registered letter containing such notice, properly addressed with postage prepaid, is deposited with the United States Postal Service. If notice is given in some manner other than by certified or registered mail, it shall be deemed to have been given when delivered to and received by the party to whom it is addressed, Such notices shall be given to the parties hereto at the following addresses:
If to the [Seller]:
[city, state, zip]
If to the [Buyer]:
[city, state, zip]
All such notices and communications shall be deemed to have been duly given when delivered by hand, if personally delivered; three (3) business days after deposit in any United States Post Office, postage prepaid, if mailed; when answered back, if faxed; and when receipt is acknowledge. Any party hereto may change its address for purposes of this paragraph by written notice given in the manner provided above.
Unenforceable Terms. Any provision hereof prohibited or unenforceable under any applicable law of any jurisdiction shall as to such jurisdiction be ineffective without affecting any other provision of this Bill of Sale. To the full extent, however, that the provisions of such applicable law may be waived, they are hereby waived to the end that this Bill of Sale be deemed to be a valid and binding Bill of Sale enforceable in accordance with its terms.
Execution In Counterparts. This Bill of Sale may be executed in several counterparts and when so executed shall constitute shall constitute one Bill of Sale binding on all the parties, notwithstanding that all the parties are not signatory to the original and same counterpart.
No Representations. Neither party has made any representations nor promises, other than those contained in this Bill of Sale or in some further writing signed by the party making the representation or promise.
Further Assurances. In connection with this Bill of Sale and the transactions contemplated hereby, each party to this Bill Of Sale will execute and deliver any additional documents and perform any additional acts that may be necessary or appropriate to effectuate and perform its obligations under this Bill Of Sale and the transactions contemplated hereby.
Delivery as aforesaid of process or notice shall be sufficient and adequate to establish notice to the person served or notified.
This Bill of Sale supersedes any prior written or verbal arrangement between the buyer and seller as of the date and signing of this Bill of Sale.
In witness whereof, seller has executed this bill of sale at ___________________ (designate place of execution) on this (date) _________ day of _______ 20 ___.
Witness Full Name: ______________________________.
Witness Signature: ______________________________.
Address of Witness: