There are several sorts of sales contracts, each with its own set of obstacles, opportunities, and factors to consider.
However, at the most basic level, sales contracts may be divided into two categories by one simple question: Are you selling to a company or to other consumers?
Table of Contents
Consumer Sales Contracts: Special Considerations
Consumer sales contracts raise issues under federal and state consumer protection laws that must be addressed. The Government Trade Commission is the primary federal body in charge of enforcing consumer protection regulations pertaining to the sale of products (FTC). The FTC maintains a variety of materials and instructions (such as advertising rules) that may help with the preparation of consumer sales contracts and associated marketing material.
Certain sales contracts, such as reseller or distributor agreements, raise additional difficulties that are outside the scope of this blog article. Reseller or distributor agreements, for example, are often structured as a master sales agreement under which items are supplied to the reseller or distributor on an as-needed basis. Master sale agreements often contain term and termination rights, while one-time selling agreements do not. Certain reseller or distributor agreements are also structured as drop shipment contracts, with quarterly and annual forecasting commitments.
Product Specification
The first crucial item to examine in every sales contract is the description of the products for sale. Are these off-the-shelf or custom-made items? Can the specifications be adjusted if they are created to order? Certain custom-made items may need the permission of a third party in order to utilise such third-content. party’s
Pricing
The next critical aspect to consider is pricing. Typically, pricing refers to a published price or another standard. The main thing here is that the vendor and buyer spell out exactly what is included in the price. Is shipping, insurance, and taxes included in the price?
Payment
Payment is a vital aspect of the contract as well. What method of payment will be used? Is it possible to have one delivery or two deliveries within a given time frame? Who will pay the bank transfer, merchant, or credit card processing fees?
Delivery
The next critical question is how delivery will take place. Is it the buyer’s responsibility to pick up the items from the seller’s location, or is it the seller’s responsibility to deliver the goods? The buyer is normally liable for accepting the products, regardless of where they are delivered. Should the buyer designate an agent to accept delivery if he or she is not physically present to receive delivery? What happens if the items are deemed unsuitable? Is the transaction final, or may the products be returned for non-conformance before or after delivery?
Warranties and Liability Limitation
Product warranties and limitation of liability clauses are two of the most significant features in sale agreements. When a vendor sells items made by a third party, the seller may pass on the manufacturer’s warranties to the customer. Certain shops or resellers may additionally sell or provide free extended warranty coverage.
The length of the warranty is determined by the kind of product and the offer made by the manufacturer to consumers. Most sales agreements contain a limitation of liability provision that restricts the manufacturer’s and/or seller’s obligation to a certain cash amount (e.g., the price of the acquired products) or to specific categories of claims.