DIY Legal Forms

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Goods Sale Or Return

(Type A)

1. Introduction. Agreement made [date] between [name], with principal offices at [address] (Seller) and [name], with principal offices at [address] (Buyer).

2. Sale. Seller will sell to Buyer goods of the following description and quantity: [list of goods]. The price is ---------- dollars ($----------). The sale is made on a sale or return basis with a view toward the resale of the goods by Buyer.

3. Delivery of Goods. Seller will deliver the goods to Buyer on [date] at Buyer's premises located at [address].

4. Option to Return Goods. Buyer shall have [number] days from the receipt of the goods to return the goods if they have not been resold during that time, provided the goods are in their original condition. This option to return is applicable to all the goods or any commercial unit of the goods. If this option is terminated in accordance with the provisions of Paragraph 5, the price shall be paid in full immediately upon the termination of the option. If Buyer has exercised its option to return only part of the goods, the price shall be reduced in proportion to the amount of goods that are retained by Buyer.

5. Termination of Option to Return Goods. Buyer's option to return all or part of the goods shall terminate upon the occurrence of any of the following events:

a. Failure of Buyer to return the goods within the time set out in Paragraph 4

b. Change in the condition of the goods

c. Use of the goods by Buyer for any purpose other than their resale

d. Written notice by Buyer of its acceptance of the goods notwithstanding its failure to resell the goods

6. Risk of Loss. The risk of loss during the period when the goods are subject to the option of return shall be borne by the [party].

7. Return of Goods. If Buyer exercises its option to return all or part of the goods, they shall be delivered to Seller at Seller's warehouse located at [address], at Buyer's sole cost and expense.

8. Insurance. While the goods are in Buyer's possession pending resale, and while the goods are in transit to Seller, should Buyer exercise its option to return all or part of the goods, Buyer will keep the goods insured against all foreseeable risks and shall name Seller as a co-insured on all insurance policies. Buyer shall deliver a certificate of insurance coverage to Seller prior to the delivery of the goods to Buyer.

9. Return of Goods to Original Condition. If Buyer exercises its option to return the goods, Seller is obliged to accept only goods in their original condition and undamaged. Seller, at its option, may accept goods that are not in their original condition and, in such event, Seller my incur such reasonable expense as is necessary to return the goods to their original condition. Buyer shall reimburse Seller for those expenses immediately upon demand by Seller.

[signature]

Seller

[signature]

Buyer

*** If Required By State Law ***

This Section for Notary:

ACKNOWLEDGMENT

State of _________

County of ________ [COUNTY]

On [DATE] before me, [NAME OF NOTARY], notary, personally appeared [NAME OF PERSON(S) INVOLVED], personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

Witness my hand and official seal.

Signature ________
Notary

My commission expires: _____

(Seal)