Contract of sale of household goods sample. Mandatory clauses of the contract for the sale of an apartment

The form of the document “Exemplary form of a contract for the sale of goods” refers to the heading “Agreement of sale, contracting agreement”. Save the link to the document on social networks or download it to your computer.

Contract for the sale of goods

_______________________ "__" ___________ 20___

(place of conclusion of the contract) (date of conclusion of the contract)

In the face of ______________________,

hereinafter "Buyer", on the one hand and

In the face of ____________________,

(full name of the legal entity) (full name, position)

acting on the basis of __________________________________, referred to in

(Charter, Regulations, Powers of Attorney)

hereinafter referred to as the "Seller", on the other hand, and together referred to as the "Parties",

have entered into this Agreement as follows:

1. The Subject of the Agreement

1.1. Under this agreement, the Seller undertakes to transfer the goods to

property to the Buyer, and the Buyer undertakes to accept the goods and

pay the price set for it.

1.2. The name, quantity and range of goods are determined in

specification, which is an annex to this contract.

2. Obligations of the Parties

2.1. The seller is obliged:

2.1.1. Transfer to the Buyer the goods provided for by this agreement

rum, of good quality, in quantity and assortment, agreed

Parties.

2.1.2. Simultaneously with the transfer of the goods, transfer to the Buyer his

accessories, as well as related documents: ______________________

(technical certificate,

_______________________________________________________.

quality certificate, instruction manual, etc.)

2.1.3. Transfer the goods to the Buyer in containers and (or) packaging, providing

preserving the safety of goods of this kind under normal storage conditions and

transportation.

2.1.4. Deliver the goods to the Buyer's address no later than ____________ from

from the moment of conclusion of this agreement.

2.2. The buyer is obliged:

2.2.1. Accept the goods handed over to him, unless

he has the right to demand replacement of the goods or refuse to perform the contract

purchase and sale.

2.2.2. Pay for the goods at the price and within the time stipulated by this

contract.

2.2.3. Notify the Seller about the violation of the terms of the contract on the quantity

ve, assortment, quality, container and (or) packaging of goods on time

____________________________________.

3. Contract price and settlement procedure

3.1. The price of the contract is determined depending on the weight (quantity)

and the range of goods specified in the specification.

3.2. The buyer must pay for the goods in full

later than _______________ from the date of its delivery.

3.3. Payment is made by transferring funds to

Seller's account.

4. Responsibility of the Parties

4.1. When the goods are withdrawn from the Buyer by third parties on the grounds,

arising before the execution of this contract, the Seller is obliged to reimburse

the buyer for the losses incurred.

4.2. The seller is responsible for the defects of the goods that arose before it was transferred

giving to the Buyer or for reasons that arose before that moment.

4.3. If the Buyer fails to fulfill the obligation to pay

transferred goods within the period established by the contract, for the overdue amount

interest is payable in accordance with Article 395 of the Civil Code

dex from the day when, under the contract, the goods were to be paid for, until the day of the op-

lats of the goods by the Buyer.

5. Final provisions

5.1. The obligation of the Seller to transfer the goods to the Buyer is considered to be

completed at the time of delivery of the goods to the Buyer.

5.2. The risk of accidental loss or accidental damage to the goods is

goes to the Buyer from the moment when, in accordance with this agreement

The seller is considered to have fulfilled his obligation to transfer the goods to the Buyer

5.3. In all other respects not covered by this Agreement,

The parties are guided by the current legislation of the Russian Federation -

5.4. This Agreement is made in two copies, having equal

legal force - one for each of the Parties.

6. Details and signatures of the Parties

Seller buyer

__________________________________ ________________________________

__________________________________ ________________________________

Seller buyer

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Each of us concludes sales contracts without even thinking that we are doing it. The most common purchase in a store is also the conclusion of a sale and purchase agreement, however, without drawing up a written agreement.

The essence of this type of contract is as follows: one party, the real owner of the thing, undertakes to transfer the agreed property to the ownership of the other party, and the other party undertakes to accept such property and pay for it.

The contract can be concluded both in writing and orally. In cases expressly established by law, failure to comply with the written form of the contract will entail its invalidity.

But even if a mandatory written form for the contract is not established, it is much safer to reflect all the agreements reached on paper - this way there are less legal risks.

Drafting a sales contract (hereinafter also referred to as the “SP”) cannot be called too complicated an undertaking – the terms of the contract are clear and intuitive. But even in such a transaction, there may be nuances, to identify which it is recommended to contact a lawyer if there is even the slightest hint of contractual risk.

Each contract has essential conditions - these are conditions without which the contract will not be considered concluded.

If the contract does not reflect the essential conditions, then no performance of obligations can be demanded from each other - the contract has not been concluded, therefore, the rights and obligations will also be considered unestablished.

If you apply to the court with coercion to fulfill the obligation under the contract, which does not define the essential conditions, the court will also refuse to satisfy the claims as having no contractual basis.

As for the DCT, the only essential condition for it is the subject of the agreement - a certain object (property), regarding the transfer of which from the seller to the buyer and the parties agree.

If you enter into a PrEP, then always pay special attention to the subject of the transaction.

However, the contract cannot contain only an essential condition - in order to avoid legal risks, indicate in the text of the contract the most complete information about the rights and obligations of the parties, amounts, terms and other conditions that are relevant to the case.

Generally speaking, the DCT should contain the following information:

• Information about the date and place of conclusion of the contract. Name of the contract (DCT of something);
• Data on the parties to the transaction (full name of the seller and buyer), if necessary, also indicate the representatives and details of their powers of attorney;
• Subject of the contract. Describe in this clause of the contract what kind of property is transferred between the parties - name, quantity, if the item has documents, then information from these documents (for example, when buying and selling a car, all data from the TCP should be entered in the contract);

The task of the drafter of the contract is to prescribe everything so that the subject can be identified unmistakably.

For example, if you indicate that the subject of the agreement is a computer table, then this will be a vivid example of an unconcluded agreement.

Under this concept can be attributed literally any table on which you can pile up office equipment. The subject will not be determined.

But if you state that we are talking about a computer desk of a particular brand, name its manufacturer, describe the dimensions and other information indicated by the manufacturer, then the item will be considered properly defined, and the contract will be concluded.

If specifications, GOSTs are established regarding the subject of the transaction, then indicate that the transferred property must comply with them (with numbers and dates of adoption of quality standards).

• Price and payment procedure. Although the amount of the transaction is an extremely important condition, it is not significant, since the price can be determined not only in the contract, but also according to market conditions that have developed in the region;

However, the contract is not the place for legal experiments not to define the price clearly enough.

The price must be determined in order to avoid unnecessary risks to anyone. Specify the price for the entire product or per unit (with the total amount resulting in the end).

Indicate both the numerical designation of prices and the letter decoding in order to prevent unforeseen consequences and dishonest actions.

Regarding the procedure for settlements, here prescribe a method convenient for the parties - cash or bank transfer.

Also, do not forget to indicate the terms of payment.

• Rights and obligations of the parties. Here the parties are free to provide for any conditions that they need. In particular, you can specify the following conditions:

• quality checking;
• the possibility of replacing the goods;
• terms of elimination of malfunctions in the goods;
• other conditions.

The parties are not constrained in the choice of establishing contractual rights and obligations - the principle of freedom of contract allows them to introduce any required conditions, the main thing is that they do not conflict with legislative norms.

• Terms of the contract, terms of delivery of goods. If the subject of the contract is not transferred immediately, then the term for the transfer of rights to it or the term for its delivery must be included in the text of the contract;
• Responsibility of the parties for violation of the terms of the contract. Here, write down the penalties that will be applied to the violator;
• Force majeure circumstances. These are conditions that at the everyday level are called force majeure - any natural disasters or man-made disasters, wars, which make it impossible to fulfill the contract. This clause, although rarely used in life, is firmly established in contractual practice;
• Conditions for termination of the contract. Also, always write down this item in detail, you have to refer to it very often if something went wrong;
• Details of the parties. If the parties are individuals, then it is necessary to enter the full name, passport data here; if legal - data from the Unified State Register of Legal Entities;
• Signatures of the parties and date of signing. If you do not set dates, then the date of drawing up the contract document, which is indicated in the "header", will be considered the signing of the contract.

The seal is not a mandatory attribute of the contract, even if one of the parties is a legal entity.

Features of the contract of sale

The essence of the contract, as mentioned above, is the transfer of ownership of certain property from one person (owner, seller) to another person (new owner, buyer).

To minimize risks, draw up the text of the contract taking into account real conditions, and do not use blindly ready-made templates from the Internet.

Depending on the subject of the contract, the terms in the agreement must be adjusted to the situation.

In particular, if an agreement is concluded between persons that involves several deliveries of goods, then the main agreement may take the form of a framework agreement (general agreement of intent), and the direct quantity of the transferred goods can be provided for in the specifications for such an agreement.

But in any case, the main thing is to correctly identify the subject of the transaction so as not to have problems in connection with the recognition of the contract as not concluded.

Common mistakes in the process of filling out a sales contract

Most often, when compiling the DCT, mistakes are made from banal ignorance. Some kind of blank downloaded from the Internet is used, in which everything that was written by its compiler is left according to the principle "the more text, the better."

Such an approach is fundamentally wrong. Of course, you can leave some standard clauses in the contract, for example, those relating to force majeure circumstances (the wording in them is more or less standard), but adapt all other wording to suit you.

The most common mistakes in drafting a contract are:

1. Incomplete description of the subject of the transaction, why the contract will be considered not concluded;
2. Incomplete indication of information about the parties to the transaction (it is important to register all passport data and information from the Unified State Register of Legal Entities, depending on whether individuals or legal entities are parties to the agreement);
3. Signing of the contract in one copy. The minimum number of copies should be related to the number of parties to the contract;
4. The contract is considered concluded from the moment the acceptance is accepted - that is, from the moment the contract is signed by the second party. If you do not specify the date of signing, the date of the document or the date specified in the text will be used. Be careful with these moments;
5. Negligent attitude to the indication of the rights and obligations of the parties. This is an important point, do not neglect its correct filling;
6. Failure to provide grounds for terminating the contract. Another important point of legal significance. Always write down such grounds in detail.

We repeat that the features of filling out the DCT will be largely related to the subject of the transaction. But always describe it in as much detail as possible. If the contract is drawn up in relation to transport, the TCP will help to identify the subject, if the property is an extract from the USRN.

If the item has individual characteristics, then indicate them all.

Accounting in the contract of all the conclusion of a transaction for the purchase or sale of real estate protects its participants from unforeseen difficulties. Properly executed and taking into account all the subtleties examples of an apartment purchase agreement will help ensure the safety of the parties.

Forms of contracts for the implementation of a paid or free transfer of property from one owner to another. Photo No. 1

In Russian Civil Law, in order to register real estate, interested parties should draw up an agreement and certify the content with their signatures. At the same time, it is enough to compose it in a simple form, in writing. Notarization of the document is not required.

Conscientious realtors and professional lawyers know all the pitfalls of such a document. It is difficult for a citizen who does not have a special education in the legal field to draw up a contract for the sale of an apartment on his own or to make sure that it is executed correctly.

To avoid legal errors, and most importantly their consequences, you need to know the basics of drafting a contract, understand what subtleties should be taken into account depending on the terms of the transaction.

In the documentary part of the sale, you should know what a simple contract is, options for drawing up an agreement with, processing a transaction by proxy and other nuances.

simple contract

Before you draw up a simple contract for the sale of an apartment, you need to know the basic conditions that make up its structure. Without specifying one information, the contract is considered invalid, the other prevents disagreements between the parties, makes the procedure for resolving disputes transparent.

An example of a simple contract - the procedure for filling out

According to Art. 554 of the Civil Code of Russia, for the document to be valid, you must specify:

• personal data of the parties: the seller and the buyer;
• grounds for owning an apartment: evidence of state ownership;
• actual data of the apartment: address, area, purpose, cadastral number;
• the cost of the object;
• state instance, which will resolve the dispute under the contract, if it arises.

The minimum set of requirements to protect the buyer and seller from possible disagreements supplement the text of the agreement by indicating:

• persons registered in the apartment or their absence;
• restrictions on use, if any;
• arrears in rent and in relation to the object of the contract or their absence;
• shortcomings of the premises and the house, if any;
• the fact that the deal is not enslaving for the parties;
• the party that bears the costs of concluding the contract;
• payment methods;
• the need to transfer the object with fixation in the transfer act.

Additionally, you can write:

• terms and conditions for the discharge of all tenants, if there are persons registered at the time of sale in the apartment.

If no special conditions are assumed, the contract is signed by both parties and from that moment the document comes into force. The contract does not require notarization.

Contract with encumbrances

What is a contract for the sale of real estate with an encumbrance? Photo #2

Options for encumbrance of the apartment may be different. The buyer needs to know that the apartment is not arrested and, in which it is located, is not recognized as emergency. Whatever contract is concluded in this case, the transaction on it cannot be carried out. However, cases of buying a home with such a burden do happen. Such circumstances are not indicated in the contract, and the unprofitable transaction has to be canceled through the court.

In order not to buy an arrested apartment, you should first find out the credit history of the seller.

Encumbrances that allow the sale of real estate:

Rent

Buying and selling an apartment that is burdened with rent is the most risky transaction. An annuity entitles its recipient to live in until death. All this time, the buyer will have to pay monthly.

If the rent is supplemented by a dependency, then the buyer's duties will include at least the care and maintenance of the tenant at his own expense.

In addition, the rent may provide for the condition under which the purchaser will receive possession of the property in kind only after the death of the recipient of the rent.

Apartments burdened with rent are usually cheap. But before you buy an apartment with an encumbrance, you should weigh all the pros and cons.

The benefit from savings at the initial stage of the transaction can be completely leveled by subsequent long-term payments. At the slightest deviation from the execution of the terms of the transaction, the renter may terminate the contract.

In a contract with this type of encumbrance, every little thing should be taken into account, even if it seems insignificant at the moment. It is better to entrust the preparation of the document to an experienced lawyer who will help to avoid difficulties in the future. The contract of sale with an encumbrance - the rent is certified by a mandatory.

Pledge

Is it possible to sell a mortgaged apartment? Photo number 4

If the apartment is pledged, it belongs to the bank at the time of sale, and is a guarantee of the return of funds to the nominal owner. Such apartments appear after the owner has taken a mortgage or a loan by mortgaging the property. Until the final settlement, the apartment is considered a mortgage.

When buying an apartment with this form of encumbrance, the buyer can immediately pay off the seller's debts to the bank. In this case, the property will be released from the collateral burden and a simple form of contract will suffice. But for the buyer, this method is risky.

In other cases, the bank will be a third party to the transaction. It is possible to pay the debt and the remaining cost at the same time when buying, but stipulate the period for the beneficiaries to access the money. Funds are deposited and, as soon as the buyer officially takes ownership, the bank and the seller will have access to the cells.

The second method involves changing the mortgagor, and the buyer accepting obligations to fulfill the seller's loan payments.

To draw up a contract for a mortgaged apartment, you will need to collect a large number of documents and obtain bank permission for the transaction. The text of the contract should fix that the apartment is pledged and who is the third party. Banks present their requirements to the buyer and may not allow the sale.

Compared to the market value of such apartments is much lower. For the transaction to become possible, good legal preparation or expert advice is required.

Rent

A rented apartment can be sold with conditions under which tenants must or must not vacate it after a change of ownership.

If a long-term residence agreement is concluded with the tenants, registered with the state authorities, then the sale of the apartment will not affect their living conditions. By law, until the end of the contract, they can live in the specified living space. This does not hurt if the buyer purchases the property with the purpose of renting it out. Otherwise, tenants will either have to terminate it, or wait for it to end, or find a new buyer.

A buyer who agrees with the presence of tenants must:

• be aware of their existence;
• fulfill all the terms of the lease agreement instead of the seller.

This is fixed in the text of the contract and signed by the parties.

If the agreements are oral, and the buyer does not want to continue the contractual relationship with the seller's landlords, it is necessary to state this in the contract and set the terms for the release of the living space.

Minor or incapacitated owner

Features of the sale of real estate, the owner of which is a minor or incompetent. Photo number 4

Incapacitated citizens cannot make legal transactions on their own. Until the age of 14, the child is considered incompetent, therefore, these two categories of citizens are combined into one group to clarify the burden.

A representative of a disabled citizen can sell on his behalf, but a number of conditions arise.

The first and most important thing is that as a result of the transaction the rights of an incapacitated person should not be infringed. If he is the owner of the entire premises or its share, it is necessary to provide alternative housing in full or shared ownership. Living conditions should not worsen as a result of the change of ownership.

If a minor is not the owner, but is registered in an apartment for sale, it is necessary to register him in another room, at least of the same quality.

Without the permission of the guardianship authorities, the transaction of purchase and sale of property is impossible.

Possible nuances

What nuances may arise when making a transaction on the transfer of ownership of real estate? Photo number 5

You need to carefully check the property before making a decision to buy it. Firstly, an apartment can have not one, but several owners. Secondly, with the apparent absence of encumbrances, they may appear after the change of ownership.

If the property is in shared ownership, it is necessary to make sure that the shares not participating in the transaction are aware of it and have no objections. They have the right to purchase.

This means that one owner must initially offer his share to the rest of the rightful owners. He can sell a share to outsiders only if he receives a notarized refusal or lack of a response from the remaining share owners within a month from the date of their notification.

These terms are written into the contract.

An apartment acquired in marriage cannot be sold by one of the spouses without the notarized written consent of the other.

• persons who refused privatization in favor of one of the family members;
• persons living in the apartment on the basis of a testamentary refusal.

It is important to make sure that such citizens are not registered in the apartment, not only at the time of the transaction. Persons who are in military service, in places of deprivation of liberty, or who have left the country for a long time, can restore theirs upon their return. No one can interfere with this, if at the same time they have a reason to use the property for life.

To prevent such consequences, the buyer must request an extended extract from the house book, which contains complete information about the apartment.

If the contract does not indicate the presence of such persons, this is a reason for terminating the transaction.

When buying an apartment, you should not succumb to the persuasion of buyers and underestimate the price of the object in the contract. Otherwise, if you want to receive a tax deduction, the buyer will lose part of the amount.

If the sale is carried out together with property: furniture, utensils, appliances, a list of items should be indicated. This will greatly simplify the actual move of the new owner to the apartment.

When is it necessary to contact a notary?

In what cases is a transaction agreement on the transfer of rights to real estate subject to mandatory registration with a notary? Photo number 6

A simple written form is not applicable to some contracts for the sale of an apartment. Notarial certification is required for individual transactions.

Notarized contracts, in accordance with Article 54 of the Civil Code of the Russian Federation, are necessary for a transaction made by guardians on behalf of wards: minors, incapacitated.

You will also need to contact a notary in the process of collecting documents for the transaction and allowing it to be registered if:

• a real estate pledge agreement or a mortgage is required;
• a rental agreement is required;
• it is necessary to transfer the debt from the seller to the buyer;
• the consent of the spouse to the transaction is required;
• the consent of the co-owners or their refusal is required.

When drawing up a contract in a simple form, the buyer can insure and notarize the document.

In the process of work, the notary is obliged to thoroughly explain the rights and obligations of the parties and make sure that the parties correctly understand the laws used to draw up the contract.

Opinion of a legal expert:

With changes in legislation, the procedures for preparing and registering sales contracts also change. Since January 2017, all transactions made with minors and the right arising from the sale of a share are registered only by a notary. State registration in this case has the right confirming character.

The sale of apartments by young children is possible when they purchase real estate on maternity capital or by inheritance.

As time goes by, other things change as well. The package of documents is slightly adjusted. Thus, the obligation to provide a technical passport has been abolished. All objects must be on the cadastral register. If the cadastral number of the object is missing, to register the object, you will have to call a cadastral engineer and order the preparation of a technical plan. The cadastral number of the object must be reflected in the concluded contract.

To check the cleanliness of the apartment before concluding a transaction, it is necessary to order an extract from the registration center about the object. This extract will provide information about the owner of the object, its technical characteristics in accordance with the technical documentation. Area, number of storeys, purpose of the object. Also in the extract, the cadastral value is visible, which will later be useful for calculating the tax.

To draw up a contract, it is better to contact a specialist. Be sure to prepare a deed of transfer in the contract or annex to the contract. The act indicates the state of the transferred object, indicates information about the meter readings on the date of transfer, tax payments. The contract is drawn up in at least two identical copies. Ideally, a copy should be provided for all sellers, all buyers, and the registration authority.

Buying and selling by proxy

The nuances of buying or selling real estate by proxy. Photo number 7

When confronted with a buyer or seller who is acting on behalf of the owner by proxy, it is necessary to take into account the possible risks. The main methods of real estate fraud are associated with the sale of objects without the direct participation of the owner.

The authorized person cannot guarantee that the owner is legally capable, does not cancel the power of attorney after receiving the money, and that the actual owner of the apartment is alive. may be fake, the owner of the living space may not know about the upcoming sale.

All of the above conditions allow you to recognize the transaction as invalid, but the fraudster will disappear by that time.

Therefore, it is advisable to get to know the owner personally, check his passport, compare data and photos.

The form of the contract for the sale of an apartment does not change when the owner is represented by a trustee. The main thing is to indicate in the contract the personal data of the authorized person and the credentials of the power of attorney.

Thus, the correct example of a contract for the sale of an apartment, in addition to basic information, will contain:

• the basis on which the owner received the right to become;
• an extended form of an extract from the house book;
• consent of all interested parties;
• restrictions on use, if any.

Mistakes in the contract can result in long-term litigation. Therefore, before drawing up a contract for the sale of an apartment, it is better to consult with experienced realtors or specialized lawyers or entrust them with all the work to complete the transaction.

You can find out how to draw up a preliminary contract for the sale of a real estate apartment with an encumbrance by watching the video:

Write a question to the housing lawyer in the form below see also Phones for consultation

1. THE SUBJECT OF THE AGREEMENT

1.1. In accordance with this Agreement, the Seller undertakes to transfer the goods to the Buyer in the assortment and in the quantity established by the Agreement, and the Buyer undertakes to accept these goods and pay the amount (price) specified in the Agreement for it.

1.2. The assortment, quantity, unit price of the goods and the total amount of the transaction are determined in List No. 1 (specifications), which is an integral part of this Agreement.

2. PRICE AND QUALITY OF GOODS

2.1. The unit price of the goods includes the cost of the goods, packaging, the costs of its delivery to the place of storage and storage in the Seller's warehouse, the preparation of the necessary documentation, as well as the costs of insurance and transportation of the goods to the destination.

2.2. An increase by the Seller of the price of the goods unilaterally during the term of the Agreement is not allowed.

2.3. The quality of the goods must comply with the samples and descriptions attached to this Agreement.

3. RIGHTS AND OBLIGATIONS OF THE PARTIES

3.1. The seller is obliged:

3.1.1. Transfer to the Buyer the goods of proper quality and in the assortment stipulated by this Agreement.

3.1.2. Not later than "" of the year, ensure the shipment and delivery of the goods to the address of the Buyer or other consignee specified by the Buyer in .

3.1.3. Provide product insurance.

3.1.4. On the day of shipment, inform the Buyer by phone (by telegram, telefax), and if delivery is indicated to another consignee - also to this consignee - about the shipment of the goods to the address of the Buyer (or other consignee specified by the Buyer).

3.2. The buyer is obliged:

3.2.1. Ensure unloading and acceptance of the sold goods within days from the date of its receipt at the destination, unless he has the right to demand a replacement of the goods or refuse to perform this contract.

3.2.2. Carry out a check upon acceptance of goods in terms of quantity, quality and assortment, draw up and sign the relevant documents (act, acceptance, invoice, etc.).

3.2.3. Inform the Seller about the shortcomings of the sold goods noticed during acceptance or during operation in time.

3.2.4. Not later than "" of the year, at its own expense, ship the returnable container to the Seller's address.

3.2.5. Pay for the purchased goods within the time period established by the Agreement.

3.3. In case of non-compliance with the rules provided for in clauses 3.2.2., 3.2.3, the Seller has the right to refuse, in whole or in part, to satisfy the Buyer's requirements for the transfer of the missing quantity of goods to him, the replacement of goods that do not comply with the terms of this agreement, if he proves that failure to comply with this rules by the Buyer resulted in the inability to satisfy his requirements or entails disproportionate costs for the Seller compared to those that he would have incurred if he had been notified of the breach of contract in a timely manner. If the Seller knew or should have known that the goods transferred to the Buyer do not comply with the terms of this agreement, he is not entitled to refer to the provisions provided for in these clauses 3.2.2., 3.2.3.

3.4. In cases where the Buyer, in violation of the law, other legal acts or this agreement, does not accept the goods or refuses to accept them, the Seller has the right to demand that the Buyer accept the goods or refuse to perform the contract.

3.5. In cases where the Seller does not provide insurance in accordance with the Contract, the Buyer has the right to insure the goods and require the Seller to reimburse insurance costs or refuse to perform the contract.

3.6. If the Seller refuses to transfer the sold goods to the Buyer, the Buyer has the right to refuse to perform this contract.

3.7. If the Seller does not transfer or refuses to transfer to the Buyer accessories or documents related to the goods, which he must transfer in accordance with the law, other legal acts or this Agreement, the Buyer has the right to set him a reasonable time for their transfer. In the event that accessories or documents related to the goods are not transferred by the Seller within the specified period, the Buyer has the right to refuse the goods and demand the return of the amounts transferred to the Seller in payment for the goods.

3.8. If the Seller transferred, in violation of this agreement, to the Buyer a smaller amount of goods than specified by this Agreement, the Buyer has the right to either demand that the missing amount of goods be transferred, or refuse to transfer the goods and refuse to pay for it, and if the goods are paid for, demand the return of the money paid.

3.9. If the Seller transferred the goods to the Buyer in an amount exceeding that specified in this Agreement, the Buyer is obliged to notify the Seller about this within a period of up to days. In the event that within a given period after the Buyer's notification the Seller does not dispose of the relevant part of the goods, the Buyer has the right to accept the entire goods. If the Buyer accepts goods in a quantity exceeding that specified in this Agreement, the additionally accepted goods are paid for at the price determined for the goods accepted in accordance with the agreement, unless a different price is determined by agreement of the parties.

3.10. When the Seller transfers the goods provided for by this Agreement in an assortment that does not comply with the Agreement, the Buyer has the right to refuse to accept and pay for them, and if they are paid, to demand the return of the money paid.

3.11. If the Seller transferred to the Buyer, along with the goods, the range of which corresponds to the Agreement, the goods in violation of the terms of the assortment. The buyer has the right, at his choice:

• accept the goods that meet the condition of the assortment, and refuse the rest of the goods;
• refuse all transferred goods;
• demand to replace the goods that do not meet the condition of the assortment with the goods in the assortment provided for by this agreement;
• accept all delivered goods.

3.12. In case of refusal of goods, the assortment of which does not comply with the terms of the Agreement, or a demand for the replacement of goods that do not comply with the condition on the assortment, the Buyer has the right to also refuse to pay for this product, and if paid, to demand a refund of the amounts paid.

3.13. Goods that do not comply with the terms of this Assortment Agreement are considered accepted if the Buyer does not notify the Seller about his refusal of the goods within a reasonable time after receiving it.

3.14. If the Buyer has not refused the goods, the assortment of which does not correspond to this agreement, he is obliged to pay for it at a price agreed with the Seller. If the Seller fails to take the necessary measures to agree on a price within a reasonable time, the Buyer pays for the goods at the price that, at the time of the conclusion of the Agreement, under comparable circumstances, was usually charged for a similar product.

3.1 5. In the event that the goods are transferred without packaging or in improper packaging, the Buyer has the right to demand from the Seller to pack the goods or replace the improper packaging.

3.16. The Buyer, to whom the goods of inadequate quality are transferred, has the right, at his choice, to demand from the Seller:

• proportional reduction of the purchase price;
• gratuitous elimination of defects in the goods within a reasonable time;
• reimbursement of their expenses for the elimination of defects in the goods.

3.17. In the event of a significant violation of the requirements for the quality of the goods (detection of irreparable defects, defects that cannot be eliminated without disproportionate costs or time, or are detected repeatedly or reappear after their elimination, and other similar defects), the Buyer has the right at his choice:

• refuse to perform this agreement and demand a refund of the amount paid for the goods;
• demand the replacement of goods of inadequate quality with goods that comply with the Agreement.

3.18. The buyer has the right to present claims related to the defects of the goods, if defects are found during the warranty period.

3.19. If a third party, on grounds that arose before the performance of the Agreement, files a claim against the Buyer for the seizure of goods, the Buyer will be obliged to involve the Seller in the case, and the Seller is obliged to intervene in this case on the side of the Buyer. Failure by the Buyer to involve the Seller in the case releases the Seller from liability to the Buyer if the Seller proves that, by taking part in the case, he could have prevented the seizure of the sold goods from the buyer. The Seller, attracted by the Buyer to participate in the case, but did not take part in it, is deprived of the right to prove the incorrectness of the conduct of the case by the Buyer.

4. GOODS WARRANTY PERIOD

4.1. Warranty period of the product year.

4.2. The warranty period begins to run from the moment the goods are handed over to the Buyer.

4.3. If the Buyer is deprived of the opportunity to use the goods due to circumstances depending on the Seller, the warranty period does not run until the relevant circumstances are eliminated by the Seller. The warranty period is extended by the time during which the product could not be used due to defects found in it, provided that the Seller is notified of the defects in the product within a period of up to days.

5. PAYMENT PROCEDURE

5.1. The money for the sold goods is transferred to the Seller's settlement account within a period of up to "" a year (within days after: signing the Agreement; signing the goods acceptance certificate; delivering the goods to the Buyer's warehouse; receiving the railway bill of lading (notice from the container station, notification of the arrival of the goods to the airport of destination, notification of the arrival of the ship at the port of destination); receiving a message about the dispatch of a wagon (train) with goods; selling the purchased goods).

6. ORDER OF SHIPPING

6.1. The Goods are shipped to the address of the Buyer (consignee) specified by the Buyer by rail (road, air) transport. Shipping details of the consignee: .

6.2. Within days after the shipment of the goods, the Seller notifies the Buyer by telefax or telegram about this, and also informs him of the following data: details of the Carrier delivering the goods to the destination; name and number of units of goods, gross and net weight; estimated date of arrival of the goods at the destination.

6.3. The packaging of the goods must ensure its safety during transportation, provided that it is handled with care.

6.4. Through the Carrier, the Seller transfers to the Buyer the following documents: consignment note; certificate of origin of goods; quality certificate, other documents stipulated by this Agreement.

6.5. The obligations of the Seller in terms of the transfer of goods, the range, quantity and quality of goods are considered fulfilled from the moment the acceptance certificate is signed by the representatives of the Seller and the Buyer.

7. RESPONSIBILITIES OF THE PARTIES

7.1. For untimely transfer of goods due to the fault of the Seller, the latter pays the Buyer a penalty in the amount of % of the value of the undelivered goods, calculated according to the specification (price calculation, Price Negotiation Protocol), but not more than 100%.

7.2. The Seller is responsible for the defects of the goods, unless he proves that the defects of the goods arose after its transfer to the Buyer as a result of the Buyer's violation of the rules for using the goods or their storage, or the actions of third parties, or force majeure.

7.3. For violation of the terms of this Agreement, the parties are liable in the prescribed manner. Losses in the form of direct damage and lost profits are subject to compensation. The burden of proving damages lies with the injured party.

7.4. In case of an unjustified refusal to accept the goods, the Buyer shall reimburse the Seller for losses in the form of direct damage and lost profits, based on the commercial loan rate at the bank that serves the Buyer.

7.5. Ownership of the purchased goods passes to the Buyer (in the case of carriage of goods by rail - from the moment the Seller receives the consignment note; when sent by air - from the moment the Seller receives the baggage check; baggage document). The risk of accidental death is borne by the owner in accordance with the current civil legislation of Russia.

8. FORCE MAJEURE (ACTION OF FORCE MAJEURE)

8.1. Neither party shall be liable to the other party for failure to fulfill obligations due to circumstances arising beyond the will and desire of the parties and which cannot be foreseen or avoided, including declared or actual war, civil unrest, epidemics, blockades, embargoes, earthquakes, floods, fires and other natural disasters.

8.2. A document issued by the relevant competent authority is sufficient evidence of the existence and duration of force majeure.

8.3. The party that fails to fulfill its obligation due to force majeure must immediately notify the other party of the impediment and its impact on the performance of obligations under the Agreement.

9. DISPUTES RESOLUTION

9.1. All disputes under this Agreement shall be resolved through negotiations.

9.2. If no agreement is reached, disputes are resolved by the arbitration court in accordance with the rules on jurisdiction on the basis of the legislation of the Russian Federation.

10. TERM OF THE CONTRACT

10.1. This agreement applies to the execution of one transaction and can be extended by an additional agreement of the parties only in case of delay in execution through no fault of the parties.

10.2. The term of the Agreement is months from "" years to "" years.

10.3. The contract may be terminated:

10.3.1. By agreement of the parties.

10.3.2. On other grounds provided for by this Agreement and applicable law.

11. FINAL PROVISIONS

11.1. This Agreement is made in two copies, having equal legal force, one copy for each of the parties.

When one party transfers the goods to the ownership of the other, they draw up contract of sale. Download form and sample available for free on this page.

The Civil Code lists cases when a written contract is needed:

• if the value of the goods is more than 10 thousand rubles,
• if a contract for the sale of goods is concluded between a legal entity and an individual,
• if there is a sale of real estate.

Standard contract for the sale of goods: sample

The contract highlights important points for the transaction. Do not write too much, so as not to overload the document with irrelevant information. . Basically it states:

• signing date,
• place of compilation
• full details of the participants in the transaction,
• product information: characteristics, cost, etc.,
• all about payment
• rights and obligations of the parties,
• ways to resolve disputes
• details of the parties and their signatures and seals.

Use our sales contract form - a simple option, if necessary, can be supplemented with any clauses. Let's take a look at the most popular types of contracts.

Contract for the sale of goods between legal entities: sample

In all contracts of sale that are concluded by legal entities, there must be a clause on the value of the transaction. If not, the document will be considered invalid.

Sale and purchase agreement between individuals: sample

In the contract for the sale of goods between individuals, it is necessary to indicate the full names, addresses, passport and contact details of the participants in the transaction.

Print out the form of the contract of sale

The MySklad service has a special section for contracts: you can create documents, keep records of them, track amounts and deadlines for them. You can create your own templates and use them to quickly print contracts for your clients: details will be filled in automatically.

The register of contracts can be configured as convenient. For example, if you link a contract to acceptance, shipment, and payment documents, the list will show what has been executed and what has been paid.

Depending on the specifics of the business, other types of contracts for the sale of goods will be required:

• prepaid,
• in installments,
• retail,
• used,
• for implementation.

Let's consider each option in more detail.

Contract for the sale of goods with an advance payment

The contract for the sale of goods with an advance payment must contain a clause stating that the buyer undertakes to pay for the purchase in whole or in part before the transfer of the goods. Payment must be made within the time specified in the contract.

Prepayment can be of several types:

• full - is the full cost of the transaction,
• partial (advance) - a pre-agreed fixed amount or percentage,
• revolving - carried out when the delivery of goods occurs regularly for a long time.

Prepayment is a frequent condition of the transaction, so it is convenient when the process is automated. For example, in such an accounting system as MoySklad, we can accept prepayment from buyers. You can pay the full or partial cost of the goods. After making an advance payment, the client can pick up the purchase or return the money. The option works both in and in . Thus, it is easy to create a prepaid contract - you will see all orders with this form of payment.

Contract for the sale of goods with installment payment: sample

A contract for the sale of goods by installments is an agreement under which payment is made not in full, but in installments. Most often, such a document is drawn up when buying on credit.

Purchase and sale agreement for the sale of goods: sample

A contract of sale for the sale of goods is essentially the same as a commission agreement for the sale of goods. But there is one important difference. Under a commission agreement, ownership does not transfer to the commission agent. If you need a sales contract for sale, download it here.

The parties must agree on the methods and terms of payment. For example, it can be a weekly transfer or immediately for the entire game.

Contract of retail sale of goods: sample

Under a retail sale and purchase agreement, the seller transfers the goods to the buyer exclusively for non-commercial activities. It can be personal, family, home or any other non-business use.

The seller under such an agreement can be both individuals and legal entities that sell retail. The buyer can also be a legal entity, but at the same time it does not have the right to use the purchased goods for business activities.

Contract for the sale of used goods

It is important to draw up a contract for the sale of used goods in such a way that the buyer cannot later make a claim. For example, add a clause stating that the buyer examined the product before buying, agrees with its condition and characteristics. If you miss it, the buyer may demand a lower price or even refuse to fulfill the contract.

You need a contract for the international sale of goods. Russian participants in such a transaction may be legal entities or individual entrepreneurs located in Russia. The international sale and purchase also includes the supply of the goods sold - this item must be indicated in the contract.

You need to draw up an annex to the contract of sale of goods. In this way, you can attach any other documents to the main one. For example, delivery schedules or price lists.

And you can download the form of the sale and purchase agreement that is current in 2019 for free.

For a sample contract of sale between an LLC and an individual, we took a simple standard form. Is it possible to do this or is there a special form of contract?

Can. There is no special form for such an agreement; you can add your own clauses to a standard document, for example, to ours.

We need a sample contract of sale between an individual entrepreneur and a legal entity, are there any nuances in it?

No. You can take the usual standard contract, but do not forget to indicate in it the passport data of an individual entrepreneur. You can download the contract for the sale of goods (sample 2019) for free.