Mistakes To Avoid In A Sales Agreement

By Casandra Newton


A sales agreement is a legal contract for conduction of a business activity between two parties normally, the buyer and the seller. This contract is known to have legal obligations on it. Once agreed upon, it can be enforceable within a court of law for redressing purposes. This necessitates the need to be extremely cautious when drafting one. The most notable thing is the concurrence being involved within the two parties.

The description of goods is the most significant component within this contract. With description, a detailed identification platform for the goods being sold is given. Normally, the description is based on the physical appearance, quality and quantity. This description comes either in a list form or an attachment to the general body of this document.

Omission or wrong calculation of the costs is a mistake to avoid too. These costs are the prices of the goods for trade. A miscalculation could result into one party benefiting and the other suffering on a simple mistake that could cost the whole contract to stall. Here, maximum accuracy is emphasized before putting pen to paper upon completion.

At all times, never omit room for change. It is known that sometimes change is inevitable. Occurrence of situations could result into such change. In case the contract is fixed with no room for such, unnecessary legal battles are bound to ensue, and this is not appropriate for business. Amending clauses allowing for inclusion of some clauses at a future date rather than agreeing to them verbally are essential.

In case of legal tussles emerging between the two parties, a clear indication on where this tussle is to be solved must be in the contract. This refers to the right governing laws of the jurisdiction. Omission of this from the main contract of trade will result is confusion since there will be no clear guidelines on where and which laws will be applicable. For the authenticity of this contract, the signature part for the parties and their witnesses needs not to be skipped.

It makes the parties aware of their extent of responsibility when it comes to delivery measures. Normally, a contract on the conditions of delivery has to be made when drafting this document. With delivery, it is clearly outlines which party is to carry out that task and the date on which that given task is to be done. An inclusion of the destination place aids in accurately delivering at the agreed place failure to which it will amount to breach of contract.

This contract clearly outlines the need for liability and the party that is responsible for the occurrence of theft or damages when the goods are on transit. This plan gives much weight in ensuring that careful planning and delivery process is carried out. These amounts to elimination of losses when during the delivery process and therefore, keep the contract alive.

Omission of liquidated damages in a sales agreement is a mistake one would want to avoid. A time, the other may ignore the contract while it is still in effect leading to the incurring of the losses to the other party. With legal administration through the clause of liquidated damages, such incidences are avoided.




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