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Contract for Sale of Computer
01. Introduction. Contract made [date] between [name], whose office is located at [address] (Seller), and [name], with principal offices at [address] (Buyer).
02. Sale. Seller will sell and Buyer will buy electronic goods of the following description and quantity:
[list of electronic goods] (hereafter referred to as electronic goods).
03. Purchase Price. The purchase price of the electronic goods is ---------- dollars ($----------). In addition to the purchase price, Buyer will pay Seller the following incidental charges:
04. Payment. Buyer agrees to accept the electronic goods and pay for them as follows: [method of acceptance and payment].
05. Delivery. Seller will deliver the electronic goods to [address] no later than [date]. Delivery will be made in one unit or in lots of [number]. The electronic goods will be packaged and crated in the following manner:
[method of packaging]. The manner of delivery shall be by [method of shipment] and shall be subject to the following terms:
[terms of delivery]
As soon as the electronic goods are shipped, Seller will notify Buyer of the shipment in the following manner:
[method of notification]
06. Risk of Loss. The risk of loss as to the goods shall be borne by both Buyer and Seller from the time the electronic goods are identified to the Contract until the electronic goods are received by Buyer to the extent that either party is insured against such risk. If the combined insurance of Buyer and Seller exceeds the loss, the risk shall be shared in proportion to the respective insurance coverage of Buyer and Seller. If the combined insurance of Buyer and Seller fails to cover the loss, the loss in excess of the combined coverage shall be shared in the following manner:
[method of allocating loss]
Upon receipt of the electronic goods by Buyer, the risk of loss shall be solely that of Buyer.
07. Seller's Warranties and Representations.
a. Warranty of Title. Seller warrants that Seller has good title to the electronic goods conveyed and has full authority to transfer the electronic goods, and such transfer shall be free and clear of any security interest, caveat, lien, claim, or encumbrance of which Buyer has no knowledge at the time this Contract is signed.
b. Warranty of Merchantability. Seller warrants that the electronic goods delivered pursuant to this Contract shall be of merchantable quality as defined under Commonwealth and independent state law(s).
c. Other Express Warranties. Seller warrants the following: [list].
d. Warranties Cumulative. All warranties created by this Contract, whether express or implied or arising by operation of law, are cumulative and should be construed in a manner consistent with one another.
08. Disclaimer. SELLER DOES NOT WARRANT THE ELECTRONIC GOODS FOR ANY USES OTHER THAN THOSE ORDINARILY ASSOCIATED WITH SUCH ELECTRONIC GOODS AND MAKES NO WARRANTY THAT THE ELECTRONIC GOODS ARE FIT FOR ANY PARTICULAR PURPOSE OF BUYER.
09. Inspection and Rejection. Buyer may reject the goods if the electronic goods or the tender of delivery fail in any respect to conform to the terms of this Contract. In the event of a nonconformity sufficient to justify rejection, Buyer may, at its option, (a) reject the entire delivery; (b) accept the entire delivery; or (c) accept any commercial unit or units and reject the rest. The exercise of any of the options contained in the preceding sentence shall be without prejudice and withfull reservation of any rights and remedies of Buyer attendant upon breach.
10. Buyer will inspect the electronic goods promptly upon their arrival at [address]. In the event of the nonconformity of the electronic goods or tender of delivery, Buyer will exercise Buyer's right of rejection no later than [number] days after receipt of the goods. Notification of rejection shall be made in one of the following ways: [methods of notification]. Buyer will inform Seller of each defect on which the rejection is based. In addition to such other duties as the law may impose, Buyer, on making a rejection, will comply with all of Seller's reasonable instructions. If any expenses are incurred by Buyer in complying with such instructions, Seller shall indemnify Buyer promptly upon receiving Buyer's request therefor.
11. Entire Understanding. This Contract contains the entire understanding between Buyer and Seller and supersedes all previous agreements regarding the goods, whether oral or in writing. This Contract cannot be modified or terminated except in accordance with its terms or by a writing signed by both parties.
12. No Liens or Encumbrances. The Seller agrees that the electronic goods are free from any security interest or other lien or encumbrance.
13. Choice of Law. The terms and provisions of this Contract shall be construed in accordance with the laws of [state].
14. Severability. If any of the terms or conditions of this Contract are found to be illegal or unconscionable by a court of competent jurisdiction, the remaining terms and conditions of this Contract shall stay in full force and effect.
IN WITNESS WHEREOF, this Contract has been executed and delivered as of the day and year first above written.
Witnessed by: [Print Name]