Sample contract for the sale of goods. Free purchase and sale agreement: Online Contract Designer, samples

The document form “Approximate form of a contract for the purchase and sale of goods” belongs to the heading “Purchase and sale agreement, contracting agreement.” Save the link to the document in in 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)

Represented by ______________________,

hereinafter "Buyer", on the one hand and

In the person of ____________________,

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

acting on the basis of __________________________________, referred to in

(Charter, Regulations, Power 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 this product and

pay a set price for it.

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

specification, which is annex to this agreement.

2. Obligations of the Parties

2.1. The seller is obliged:

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

rum, of appropriate quality, in quantity and assortment agreed upon

Parties.

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

accessories, as well as related documents: ______________________

(technical certificate,

_______________________________________________________.

quality certificate, operating instructions, etc.)

2.1.3. Hand over the goods to the Buyer in containers and (or) packaging, ensuring

ensuring 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 ____________

the moment of conclusion of this agreement.

2.2. The buyer is obliged:

2.2.1. Accept the goods transferred to him, except in cases where

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

purchase and sale.

2.2.2. Pay for the goods at the price and within the time specified herein

agreement.

2.2.3. Notify the Seller of violation of the terms of the contract regarding the quantity

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

____________________________________.

3. Contract price and payment procedure

3.1. The contract price 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 without

later _______________ from the moment of its delivery.

3.3. Payment is made by transferring funds to

Seller's bank account.

4. Responsibility of the Parties

4.1. When the goods are withdrawn from the Buyer by third parties for reasons

arising before the execution of this agreement, the Seller is obliged to compensate

The buyer suffers losses.

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

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

4.3. If the Buyer fails to fulfill the payment obligation

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

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

dex from the day when the goods should have been paid for under the contract until the day of purchase

lats of goods by the Buyer.

5. Final provisions

5.1. The Seller’s obligation 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 death or accidental damage to the goods

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 Purchaser.

5.3. In all other respects that are not provided for in this agreement,

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

5.4. This agreement has been drawn up in two copies, each 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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An agreement may be concluded for the purchase and sale of goods available to the seller at the time of conclusion of the agreement, as well as goods that will be created or acquired by the seller in the future, unless otherwise established by law or follows from the nature of the goods.

The terms of a purchase and sale agreement regarding a product are considered agreed upon if the agreement allows the name and quantity of the product to be determined.

The seller is obliged to transfer to the buyer the goods provided for in the purchase and sale agreement. Transfer of goods is the main obligation of the seller under a sales contract. The seller must transfer the product, name, quantity, quality, assortment, completeness, which corresponds to the contract and which is packaged as required by the contract.

In order for the obligation to transfer to be fulfilled properly, the goods must be transferred at a certain time and in a certain place.

Unless otherwise provided by the purchase and sale agreement, the seller is obliged, simultaneously with the transfer of the thing, to transfer to the buyer its accessories, as well as documents related to it (technical passport, quality certificate, operating instructions, etc.), provided for by law, other legal acts or a contract.

In some cases, in order to transfer the goods to the seller, it is necessary to perform certain actions in addition to those indicated. Thus, if the seller, in accordance with the purchase and sale agreement, provides transportation of goods or its certification, he must enter into a transportation agreement with the transport organization and obtain from the certification body a certificate of compliance of the goods with the mandatory requirements of state standards.

The supply agreement may provide for the transfer of normative - technical documents, in accordance with which the goods are manufactured, documents certifying the quality and completeness of the goods (quality certificate, technical passport, acceptance certificate, etc.), as well as other necessary documentation (instructions for installation, testing, commissioning, operation and maintenance and so on.). The contract defines the requirements for the content of such documents.

The period for fulfillment by the seller of the obligation to transfer the goods to the buyer is determined by the purchase and sale agreement, and if the contract does not allow determining this period, in accordance with the rules provided for in Article 314 of the Civil Code.

Unless otherwise provided by the purchase and sale agreement, the seller’s obligation to transfer the goods to the buyer is considered fulfilled at the moment:

delivery of the goods to the buyer or the person indicated by him, if the contract provides for the seller’s obligation to deliver the goods;
placing the goods at the disposal of the buyer, if the goods must be transferred to the buyer or a person indicated by him at the location of the goods. The goods are considered to be placed at the disposal of the buyer when, by the time specified in the contract, the goods are ready for transfer in the appropriate place and the buyer, in accordance with the terms of the contract, is aware of the readiness of the goods for transfer. Goods are not considered ready for transfer if they are not identified for the purposes of the contract by marking or otherwise.

The goods are considered to be placed at the disposal of the buyer when they are identified for the purposes of the contract. Such identification is carried out by marking the product or its container, packaging (the marking for these purposes may include the name of the seller and buyer, contract number, name of the product, quantity (weight, pieces, meters, etc.), execution of documents related to goods, and in other ways. Failure to comply with these requirements entails an important consequence - the goods are considered unready for transfer.

In relation to a purchase and sale agreement, risk is recognized as loss or damage to the goods sold, which occurred for reasons beyond the control of the seller and buyer due to accidental events or force majeure circumstances.

Loss of goods during transportation associated with the properties of the goods (glass, vegetables, etc.) is recognized in practice as a type of accidental loss or damage to the goods.

If the buyer accepts the goods in accordance with the terms of the contract, the risk of accidental loss or accidental damage passes to him at the time of acceptance of the goods.

The sale of goods encumbered by the rights of third parties, for example goods in collateral, is possible subject to notification of the buyer about them and his consent to accept such goods.

If the seller refuses to transfer goods defined by generic characteristics, the buyer has the right to refuse to fulfill the contract and demand compensation for losses caused (see Article 15, 393 of the Civil Code).

A supply agreement concluded for several years may indicate supply volumes (quantities) for the entire duration of the agreement and establish a procedure for determining the quantity of goods to be transferred during each year or even six months.

The quantity of goods to be transferred is determined in the contract at the discretion of the parties, except in cases where the Civil Code or other laws do not define the seller’s obligation to sell the quantity of goods corresponding to the buyer’s order. Thus, when concluding a contract for the supply of goods for government needs, the supplier must indicate in the contract the quantity of goods in a volume not less than that determined by the government customer in the notice of attachment.

If a smaller quantity is transferred, the buyer is given the alternative of either demanding that the violation be corrected within a reasonable time by transferring the missing quantity, or rejecting the transferred goods entirely.

If the buyer has accepted the excess transferred goods, then payment for this excess is made at the price specified in the contract.

The assortment of goods as a condition of the contract is understood as a list of goods of a certain name, distinguished by individual characteristics, indicating the quantity of goods to be supplied for each characteristic. The range of goods is established in the contract in accordance with the buyer’s order (offer) and primarily reflects his needs.

The assortment of goods may be provided for the entire term of the contract, or the parties may agree on the assortment for one of the periods and establish the procedure for its approval for subsequent periods. The contract may also provide for a procedure for changing (clarifying) the assortment if it is agreed upon for a long period.

If the seller has transferred to the buyer, along with goods whose assortment corresponds to the purchase and sale agreement, goods in violation of the assortment condition, the buyer has the right, at his choice:

accept goods that meet the assortment condition and refuse other goods;
refuse all transferred goods;
demand that goods that do not meet the assortment condition be replaced with goods in the assortment stipulated by the contract;
accept all transferred goods.

The seller is obliged to transfer the goods of proper quality to the buyer. If the quality requirements are determined by the contract, the quality corresponding to the latter is considered appropriate.

In the contract, the quality of the goods is determined by specifying regulatory documents on standardization or quality indicators (quantitative characteristics of the product, reliability, safety, energy consumption, ergonomic, aesthetic, environmental, etc.) of the product. In this case, it is possible to use both of these methods simultaneously.

In practice, selling by sample and/or description is widespread. A sample is a product whose consumer (operational) characteristics determine the quality requirements for the transferred product. Product description is a list of consumer (operational) characteristics that the product must have. Its description may be accompanied by a graphic image, photograph, etc.

Proper execution is the delivery of goods that correspond to the sample or description agreed upon by the parties.

The seller is obliged to transfer to the buyer the goods that comply with the terms of the purchase and sale agreement regarding completeness.

In the event that the purchase and sale agreement does not specify the completeness of the goods, the seller is obliged to transfer to the buyer the goods, the completeness of which is determined by business customs or other usually imposed requirements.

The completeness of a product should be understood as a set of parts, assemblies, and individual parts (components) that make up the product, forming a single whole used for a general purpose.

The concept of completeness applies to such technically complex products as equipment, machines, devices, as well as consumer goods, in particular household appliances.

Unless otherwise provided by the purchase and sale agreement and does not follow from the essence of the obligation, the seller is obliged to transfer the goods to the buyer in containers and (or) packaging, with the exception of goods that by their nature do not require packaging and (or) packaging.

If the purchase and sale agreement does not specify the requirements for containers and packaging, then the goods must be packaged and (or) packaged in the usual way for such goods, and in the absence of such a way, ensuring the safety of goods of this kind under normal conditions of storage and transportation.

The buyer is obliged to pay for the goods at the price stipulated in the purchase and sale agreement. When the price is set depending on the weight of the goods, it is determined by net weight, unless otherwise provided by the purchase and sale agreement.

If a purchase and sale agreement stipulates that the price of a product is subject to change depending on the indicators determining the price of the product (cost, expenses, etc.), but the method for revising the price is not determined, the price is determined based on the ratio of these indicators at the time of conclusion contract and at the time of transfer of goods.

The buyer is obliged to pay for the goods immediately before or after the seller transfers the goods to him.

If the purchase and sale agreement does not provide for payment by installments for the goods, the buyer is obliged to pay the seller the price of the transferred goods in full.

In cases where the purchase and sale agreement provides for the buyer’s obligation to pay for the goods in full or in part before the seller transfers the goods (advance payment), the buyer must make payment within the period stipulated by the agreement, and if such a period is not provided for by the agreement, within the period determined in accordance with Article 314 of the Civil Code.

In the case where the purchase and sale agreement provides for payment for the goods a certain time after its transfer to the buyer (sale of goods on credit), the buyer must make payment within the period stipulated by the agreement.

An agreement on the sale of goods on credit may provide for payment for the goods in installments. An agreement for the sale of goods on credit with the condition of payment in installments is considered concluded if, along with other essential conditions The purchase and sale agreement specifies the price of the goods, the procedure, terms and amounts of payments.

Under a purchase and sale agreement, one party (the seller) undertakes to transfer the item (product) into ownership of the other party (the buyer), and the buyer undertakes to accept this product and pay a certain amount of money or price for it.

For the purchase and sale of securities and currency valuables, the general provisions on the purchase and sale agreement provided for by the Civil Code of the Russian Federation apply unless special rules for their purchase and sale are established by law.

In cases provided for by the legislation of the Russian Federation, the specifics of the purchase and sale of certain types of goods are determined by laws and other legal acts.

General provisions on the purchase and sale agreement, provided for by the Civil Code of the Russian Federation, apply to the sale of property rights, unless otherwise follows from the content or nature of these rights.

For certain types of purchase and sale agreements (retail purchase and sale, supply of goods, supply of goods for government needs, contracting, energy supply, sale of real estate, sale of an enterprise), the general provisions on the purchase and sale agreement provided for by the Civil Code of the Russian Federation apply, unless otherwise provided rules of the Civil Code of the Russian Federation on these types of contracts.

The subject of the purchase and sale agreement, that is, the goods, according to general rule, can be any property that has not been withdrawn from civil circulation. Things are the most common, traditional object of sale and purchase, which is aimed at legal regulation this institute. A product can be any thing: movable and immovable, defined by generic or individual characteristics, consumable and non-consumable, divisible and indivisible.

The only exception to the list of possible goods is money (with the exception of foreign currency), which is due to the very nature of the purchase and sale agreement. The subject of a purchase and sale agreement, as a general rule, are things that at the time of conclusion of the agreement belong to the seller by right of ownership. The purchase and sale of things restricted in circulation is possible if it does not violate their special legal regime, that is, their buyer can only be a person specially authorized to own this thing.

Parties to the purchase and sale agreement

Seller is a person who undertakes to transfer ownership of a thing (goods) to the buyer.

Buyer is a person who undertakes to accept the goods and pay a certain amount of money or price for it.

The form of the purchase and sale agreement is determined by its subject matter, subject composition and price. All contracts for the purchase and sale of real estate and businesses must be concluded in writing by drawing up one document signed by the parties and are subject to mandatory state registration. Written form is also required for foreign trade sales contracts.

In relation to the form of contracts for the sale and purchase of movable things, the following applies: general rules Article 159-161 of the Civil Code of the Russian Federation: written form is required only for contracts involving legal entities, as well as between citizens, if the contract price is 10 times higher than the minimum wage (minimum wage). However, written form is not required if such transactions are executed at the time of completion (for example, a retail purchase and sale agreement).

Types of purchase and sale agreements.

The purchase of real estate is necessarily accompanied by the conclusion of a purchase and sale agreement. What you should pay attention to when concluding it, and what points to consider before signing the document.

Features of drawing up a contract

What documents are required for the contract?

The package of documents required to conclude a contract for the sale and purchase of an apartment depends on the legal status of the object of sale itself, that is, the apartment, and the parties entering into the contract, that is, the seller and the buyer.

Title documents for the apartment - agreement of donation, privatization, purchase and sale, etc.
Certificate of state registration of rights to the apartment.
EZhD - united housing document, which is valid for 1 month.
Certificates from narcologists and psychologists.
Certificate of the value of the property from the BTI, as well as technical specifications dwellings.
Notarized consent of the spouse to conclude a transaction, or his personal participation in its completion.
A notarized power of attorney for representation, if the participant in the transaction cannot be present at its conclusion for any reason.
Personal documents of the seller and buyer identifying them.

Documents are provided in originals or notarized copies. The spouse's permission to sell the apartment is mandatory, since otherwise he retains the right to challenge it in court, and a valid reason for invalidating the agreement.

If a minor child is registered in the apartment

If a minor child is registered in the apartment being sold, then the written consent of the parents is required for his transfer to a new place of residence. If the apartment is the full or shared ownership of a minor child (inheritance, gift, etc.), then permission from the guardianship and trusteeship authorities is required to complete the transaction.

Mandatory points for drawing up an apartment purchase and sale agreement

The contract itself can be drawn up either by a realtor or by an official authorized to perform such actions. However, the notarized registration of the purchase and sale transaction has evidentiary force in court. According to the agreement, the agreement is drawn up in writing.

The obligatory clauses of the contract are:

Data of the parties, namely their full name, place of residence and passport details.
Cost of the apartment.
Details of the apartment being purchased - location address, area and residential purpose.
Encumbrances or lack of them on the apartment.
If the seller has a registered marriage, then the spouse’s permission to complete the transaction must be indicated. In the absence of a spouse, this is also indicated in the contract.
Absence of other owners and persons registered in the apartment.

8. The SELLER is not in a registered marriage at the time of purchasing the specified apartment.

9. From the moment of registration of this agreement with the Department Federal service state registration of cadastre and cartography in Moscow and state registration of the transfer of ownership, the BUYER acquires ownership of the specified apartment and takes over in accordance with Art. 26 of the Law of the Russian Federation “On the fundamentals of federal housing policy” obligations to pay real estate taxes, and also bears the costs of repairs, operation and maintenance of the apartment and, in proportion to the occupied living space, participates in the costs associated with maintenance and repairs, including engineering equipment, places common use home, maintenance local area and repairs, including major renovations of the entire house.

10. Before signing the transfer deed, the risk of accidental loss or accidental damage to the specified apartment and responsibility for its safety lies with the SELLER.

11. When signing this agreement, the parties confirm that they are acting voluntarily, not forced, on mutual favorable conditions, understand the significance of their actions and are not mistaken about the transaction, have not been deprived or limited in their legal capacity, are not under guardianship or trusteeship, do not suffer from diseases that prevent them from understanding the essence of the agreement being signed, and they also do not have circumstances forcing them to make this transaction at extremely unprofitable for yourself conditions.

12. This agreement is considered fulfilled subject to the full settlement of the BUYER with the SELLER for the sold apartment, as well as the transfer by the SELLER to the BUYER of the specified apartment within the period established by this agreement, according to the transfer deed signed by both parties.

13. The parties to this agreement, guided by articles (Freedom of contract), (Responsibility of the seller in the event of seizure of goods from the buyer) of the Civil Code Russian Federation, have agreed that in the event that the court recognizes this agreement as invalid or terminates this agreement due to circumstances arising through the fault of the SELLER or as a result of violation of the rights of third parties (on the part of the SELLER), which the court considers subject to satisfaction, and the seizure of the specified apartment from the BUYER, the SELLER undertakes to purchase in the name of the BUYER equivalent residential premises in a house of a similar category in the same area of Moscow, or otherwise provide cash for the independent acquisition of an apartment, based on the cost of similar housing in force on the market at the time of termination of the contract, as well as to reimburse all incurred expenses and losses associated with the acquisition of this apartment. In this case, the apartment cannot be withdrawn from the BUYER until full compensation for losses.

14. Contents of Art. (State registration of real estate), (Written form of transaction), (Transactions made in simple written form), (General provisions on the consequences of invalidity of a transaction), (Rights of the owner to own, use and dispose of his property), (Burden of maintaining property), (Risk of accidental loss of property), (Grounds for acquiring ownership rights), (Moment of emergence of ownership rights), (Ownership of residential premises), (Apartment as an object of ownership rights), ( Common property apartment owners in apartment building), (Rights of family members of the owners of residential premises), (Grounds of liability for violation of obligations), 433 (Moment of conclusion of the contract), (Form of the contract), (Grounds for changing and terminating the contract), (Changing and terminating the contract due to a significant change in circumstances ), (Procedure for changing and terminating the contract), (Consequences of changing and terminating the contract), (General definition of a sales contract and the scope of its application), (Transfer of goods free from the rights of third parties), (Responsibility of the seller in case of withdrawal of goods from the buyer third parties), (Obligations of the buyer and seller in the event of a claim for seizure of goods),