Contract of purchase and sale of building materials
Any product is subject to sale and purchase, be it real estate, vehicle or any materials. In this article we suggest downloading a sales contract form building materials, on the basis of which the buyer pays for building materials to the seller, and the seller, in turn, transfers them to the buyer. You can download a sample contract from the link at the end of the article in Word format for free.
In order for the contract form to provide guarantees to both parties, it must be correctly drawn up. How to correctly draw up a contractual agreement, what points need to be included in the document when buying and selling building materials, we will discuss in the article below.
The form presented at the end of the article can be used not only for the sale of building materials, but also for the sale of any inventory items.
Pay attention! On the website you can also download other samples of the purchase and sale agreement: animals - download. outboard motor - download. equipment - download sample.
The parties to the agreement can be both individuals and legal entities. The form must include the details of both parties.
In addition, the purchase and sale agreement will only be valid if the date and place of conclusion are specified in it.
The contractual agreement is drawn up in at least two copies, one for each of the parties, in simple written form.
An essential condition of a contract for the purchase and sale of building materials is the subject of the contract, its price.
The subject is inventory items, in in this case building materials. They must be carefully described, indicate the brand, characteristics, distinctive features. A description of material assets can be given in the specification for the contract form, if the range of materials sold is quite extensive.
The price for materials is negotiated by the parties; the specification usually contains a list of material assets, their quantity, unit price, the total cost of each item and the total amount under the contract.
Along with the amount, the procedure for making payments between the parties must be specified: type of payment (cash, non-cash), the possibility of prepayment, payment terms.
The procedure for transferring inventory items from the seller to the buyer is also prescribed.
Any purchase and sale agreement must include the responsibilities of the parties; usually the amount of the penalty is prescribed, which is applied in the event of failure to comply with the terms of the contractual agreement.
The last points are actions in case of force majeure situations, as well as the procedure for resolving possible disputes.
The completed contract agreement form for the purchase and sale of building materials must be signed by both parties along with the specification.
Below we suggest downloading a sample document from the link below.
You can download a sample contract for the purchase and sale of building materials using the link.
The purchase and sale of inventory items is carried out on the basis of a purchase and sale agreement, to which, as a rule, a specification with a list of materials sold is attached. You can download a standard form for a contract for the sale and purchase of building materials using the link at the bottom of the article.
Just a moment! On our website you can download other samples of a purchase and sale agreement, for example, for animals - download a sample. outboard motor - download. equipment - sample. products - download a sample. Full list documents can be found in the CONTRACTS section.
Sample of filling out a contract for the purchase and sale of building materials
A standard form for a contract for the sale and purchase of building materials must contain the following details:
The agreement is drawn up in two copies - one for each of the parties. Below is a sample for a transaction for the purchase and sale of construction materials; this sample can also be used when selling any type of inventory items (inventory items) by changing the data in the contract form to the required ones.
Download a sample contract for the sale and purchase of building materials - link.
Contract of purchase and sale of building materials
AGREEMENT OF PURCHASE AND SALE OF CONSTRUCTION MATERIALS
in the face. acting on the basis of. hereinafter referred to as “Seller”, on the one hand, and gr. passport: series. No. issued. residing at the address. hereinafter referred to as the “Buyer”, on the other hand, hereinafter referred to as the “Parties”, have entered into this agreement, hereinafter referred to as the “Agreement”, as follows:
1. SUBJECT OF THE AGREEMENT
1.1. The seller sells and the buyer buys building materials in the assortment and at the prices specified in Appendix No. 1 to this agreement.
2. AMOUNT OF THE AGREEMENT AND PAYMENT PROCEDURE
2.1. The amount of this agreement is rubles.
2.2. All payments between the parties are made in cash only.
2.3. Calculations are made with a % prepayment of the goods by the Buyer by depositing the contract amount into the Seller's cash desk within days from the date of signing this contract.
2.3. The Seller issues the Buyer a certificate (receipt slip) or other document confirming payment for the goods after the latter deposits the contract amount into the Seller’s cash desk.
3. DURATION OF THE AGREEMENT
3.1.The Agreement comes into force from the moment it is signed.
3.2. The Seller supplies the Buyer with the construction materials specified in Appendix No. 1 to this agreement within days from the date the Buyer pays for the goods.
4. RESPONSIBILITY OF THE PARTIES
4.1. The parties are responsible for non-performance and improper performance of this agreement in accordance with current legislation and this agreement.
4.2. For late delivery of construction materials specified in Appendix No. 1 to this agreement, the Seller shall pay the Buyer a fine in the amount of % of the contract amount and a penalty in the amount of % of the contract amount for each day of delay.
4.3. In case of non-delivery of construction materials specified in Appendix No. 1 to this agreement, the Seller returns the contract amount to the Buyer and compensates for losses incurred by the Buyer due to inflation in the amount of % per annum of the contract amount.
4.4. For late payment, the Buyer pays the Seller a fine in the amount of % of the contract amount and a penalty in the amount of % of the contract amount for each day of delay.
4.5. When delivering low-quality building materials, the Buyer has the right to demand within.
5. FORCE MAJEURE
5.1. The parties are released from partial or complete failure to fulfill their obligations under this Agreement if this failure was a consequence of circumstances force majeure arising after the conclusion of this Agreement as a result of extraordinary events that the party could neither foresee nor prevent by reasonable measures. Force majeure circumstances include events that the participant cannot influence and for the occurrence of which he is not responsible, for example, an earthquake, flood, fire, as well as a strike, government regulations or orders of government bodies.
5.2. The party citing force majeure circumstances is obliged to immediately inform the other party about the occurrence of such circumstances in writing, and at the request of the other party, an certifying document must be presented. The information must contain data on the nature of the circumstances, an assessment of their impact on the fulfillment by the party of its obligations under this Agreement and on the period for fulfilling the obligations.
5.3. A Party that cannot, due to force majeure circumstances, fulfill its obligations under this Agreement will, subject to the provisions of the Agreement, make every effort to compensate for the consequences of failure to fulfill obligations as soon as possible.
6. DISPUTE RESOLUTION
6.1. All disputes and disagreements that may arise during the execution of this agreement will be resolved by the parties through negotiations.
6.2. If it is impossible to resolve disputes through negotiations, the parties submit them for consideration to the arbitration court. In all other respects that are not specified in this agreement, the parties are guided by the current legislation of the Russian Federation. This agreement is drawn up in two copies, one for each party and has equal legal force.
7. LEGAL ADDRESSES AND BANK DETAILS OF THE PARTIES
Seller Legal address: Postal address: INN: KPP: Bank: Cash/account: Correspondent/account: BIC:
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Contract of purchase and sale of building materials
Home Contract Law Contract for the sale and purchase of construction materials
In transactions for the purchase and sale of building materials, an agreement is signed between the parties, according to which the seller undertakes to transfer the building materials to the buyer for a pre-agreed price. Below we bring to your attention a list of the main points that this agreement should contain. In addition, here you can download a standard form of a contract for the purchase and sale of materials (materials and materials), and as an example, you can download a completed sample contract for the purchase and sale of building materials.
All samples and forms are presented in doc format and are available for downloading for free! Download links are at the end of the article.
Note! We also offer to download a sample equipment purchase and sale agreement - download. furniture - download, goods - download.
Registration of purchase and sale of building materials
The form of a contract for the purchase and sale of materials can be drawn up both between individuals and legal entities.
The form must include:
The main part of the contract form must contain:
- The subject of the contract is, in this case, building materials. The range, components and quantity of construction materials are usually indicated in the annex or specification to the contract, which are drawn up and signed for a separate batch of goods.
- Rights and obligations of both parties to the contract. Here it is necessary to indicate the terms, delivery address of building materials, conditions for signing the act of acceptance and transfer of building materials. obligation for the seller to transfer materials of appropriate quality to the conditions for unloading.
- The price of building materials and the procedure for their payment. If the parties work on an advance payment basis, then all its terms should also be included in this clause. The type of payment is indicated: bank transfer or cash.
- Responsibility of the parties. The following points are stated here:
- Force majeure circumstances. This is the so-called force majeure. It is necessary to indicate that the document issued by the relevant authorized body will be satisfactory confirmation of the presence and duration of the influence of force majeure circumstances, and also notify the other party of the existence of such circumstances immediately.
- Duration of the contract. Typically, the duration of an agreement is from the date of its signing until the parties fulfill their obligations.
- Additional terms and conditions. Here you need to indicate that all disputes that arise are resolved through negotiations; if this fails, then judicial procedure any changes and additions to the agreement come into force only after they are signed by both parties number of copies of the agreement and their legal force. It also stipulates the procedure for sending accompanying documents (copies of certificates for building materials, consignment note, consignment note) and the right of the parties to transfer their rights and obligations to third parties.
- Legal or actual addresses, contact numbers and payment details of the parties.
- Signatures and seals of the parties to the purchase and sale agreement on all its copies.
Here are the main points that should be included standard contract purchase and sale of building materials. Of course, a legally competent contract is a powerful tool in the fight against sometimes dishonest counterparties in business, as well as in the event of disputes of various kinds.
in a person acting on the basis, hereinafter referred to as " Supplier", on the one hand, and in the person acting on the basis of, hereinafter referred to as " Buyer", on the other hand, hereinafter referred to as " Parties", have entered into this agreement, hereinafter referred to as the "Agreement", as follows:1. SUBJECT OF THE AGREEMENT
1.1. Under this agreement, the Supplier undertakes to supply the Buyer with construction materials (hereinafter referred to as the “Products”) in quantity, assortment and at prices specified in the Specifications, which are integral parts of this Agreement, and the Buyer undertakes to accept and pay for them on the terms of this Agreement. Delivery of goods under this agreement is carried out in batches.
2. PRICE QUANTITY, QUALITY AND RANGE OF PRODUCTS
2.1. The price of the supplied goods is determined by the Supplier on the date of receipt of the application from the Buyer and is reflected in the specifications and relevant product documents. The price of the product includes the cost of packaging, delivery, VAT, and for imported products all import customs duties and taxes levied on the territory of the Russian Federation.
2.2. The quantity and assortment of goods is determined for each specific batch in the specification and recorded in the invoice, waybill.
2.3. The quality of the product must comply with current standards and be confirmed by a Russian quality certificate.
3. PACKAGING AND LABELING
3.1. The goods must be packaged in containers that ensure their safety during storage and transportation, with information on the labels in Russian, as required by current legislation.
4. OBLIGATIONS OF THE PARTIES
4.1. The supplier is obliged:
4.1.1. ensure the transfer of goods in the quantity and range specified in the specification;
4.1.2. provide all necessary documentation provided for by current legislation.
4.2. The buyer is obliged:
4.2.1. pay for the goods in the manner, terms and conditions specified in this Agreement;
4.2.2. inspect the goods at the place of receipt and carry out all necessary actions to accept the goods delivered under the Agreement.
5. BUYER’S REQUEST AND SPECIFICATIONS
5.1. The Buyer submits an application to the Supplier, orally or in writing, for the purchase of goods on any business day during the validity of this Agreement.
5.2. The responsible employee of the Supplier makes a note in the application log about receipt of the application.
5.3. Based on the Buyer's Application, no later than the next day after its receipt, the Supplier draws up a Specification indicating the quantity, range and cost of the goods supplied and communicates the information to the Buyer. In the absence of an oral or written refusal by the Buyer to supply the goods on the terms specified in the Specification within days from the moment it was sent to the Buyer by the Supplier, the terms of delivery of the goods are considered accepted by the Buyer. The responsible employee of the Supplier makes a note in the application log about the absence of a refusal or about its receipt.
5.4. If it is impossible to deliver part of the goods specified in the Application due to its absence in the Supplier's warehouse, the Supplier notifies the Buyer orally or in writing within days of its receipt. The Buyer, at his own discretion, has the right to either postpone the delivery of goods until he receives the entire range and quantity of goods specified in the Application, or refuse to supply part of the missing goods and accept that part of the goods that is available from the Supplier. The Buyer informs the Supplier of its decision in writing within one day after receiving notification from the Supplier.
5.5. If the Supplier does not receive a written message from the Buyer about the decision within the period specified in clause 5.4., the Supplier will supply that part of the goods that is in stock.
6. DELIVERY OF GOODS
6.1. The supplier independently delivers the goods to railway station and delivers it to the carrier within days after receiving advance payment for the goods in accordance with clauses 8.1., 8.2. Agreement.
6.2. The Supplier's obligations to deliver the goods are considered fulfilled at the moment the goods are handed over to the carrier.
7. ACCEPTANCE OF GOODS
7.1. The buyer must accept the goods and check them for quantity no later than the next day after receiving the goods, and for quality no later than calendar days from the date of receipt.
7.2. If a shortage of goods in quantity is detected, the Buyer sends a request to the Supplier within days for additional delivery of the missing quantity of goods. In this case, the Supplier is obliged to additionally deliver the goods (by handing them over to the carrier) within days from the moment of signing the delivery note. If such a requirement is not stated by the Buyer, the Supplier will supply the missing goods upon delivery of the next batch of goods.
7.3. If a supply of goods is detected in quantities exceeding that specified in the application, the Buyer, at his option:
- pays for the goods at the price determined for this product in the invoice no later than days from the date of acceptance of the goods. In case of delay in payment for the goods, the Buyer pays a penalty in the amount of % of the amount of the goods for each day of delay. For tax purposes, penalties are taken into account after actual payment or after the court decision comes into force.
- accepts the goods for safekeeping. The supplier is obliged to dispose of such goods no later than days from the moment of acceptance of it for safekeeping.
7.4. If quality defects are detected, the Buyer, within 24 hours from the moment the defects are discovered, notifies the Supplier in writing (by fax or telegram) and conducts an examination of the quality of the goods in an independent expert institution. If the examination establishes that the defects of the goods arose before its transfer to the Buyer, the Supplier is obliged to replace such goods, as well as pay the cost of the examination.
7.5. Until the defective goods are exported, the Buyer accepts the goods for safekeeping. The supplier is obliged to remove the defective product no later than the day on which the replacement product is delivered.
7.6. Ownership of the goods passes to the Buyer at the moment the Supplier delivers the goods to the carrier.
8. PAYMENT PROCEDURE AND RESPONSIBILITY
8.1. The Buyer pays the Supplier the full cost of the goods specified in the specification for the delivered batch of goods no later than days after submitting the application to the Supplier.
8.2. Payment can be made in the form of non-cash transfers or cash payments in the manner prescribed by the current legislation of the Russian Federation. In case of payment in non-cash The Buyer's obligations to pay for the goods are considered fulfilled from the moment of receipt cash to the Supplier's bank account (based on a bank statement). In the case of payment for goods by cash payments, the obligation to pay for the goods is considered fulfilled from the moment cash is received at the Supplier's cash desk.
8.3. In case of non-payment of the consignment of goods within the period specified in clause 8.1. of this agreement, the application is cancelled. In this case, the Buyer, if there is a subsequent need to purchase the goods, sends a new application to the Supplier and pays for the goods on time.
8.4. Delivery of the next batch of goods is carried out only after full payment of the previous batch of goods.
8.5. In case of violation by the Supplier of the delivery period established in clause 6.1. of the Agreement, the Buyer has the right to demand the transfer of paid goods or the return of the advance payment amount for goods not transferred by the Supplier. At the same time, interest on the amount of advance payment under Art. 395 of the Civil Code of the Russian Federation are not charged.
9. FORCE MAJEURE
9.1. If force majeure circumstances occur that prevent either party from fully or partially fulfilling their obligations under the contract, the deadline for fulfilling obligations is postponed for the period during which such circumstances will remain in effect.
9.2. The party affected by force majeure is obliged to notify the other party in writing about the occurrence and termination of such circumstances immediately, but no later than ten calendar days from the moment of their occurrence.
9.3. The deadline for fulfilling obligations is extended in proportion to the time during which such circumstances existed.
10. DISPUTE RESOLUTION
10.1. If disputes arise, the parties make every effort to resolve all disputes and disagreements through negotiations.
10.2. If no results are achieved in the negotiations, all disputes related to the execution of this agreement shall be resolved in accordance with the current legislation of the Russian Federation in the Arbitration Court of the city.
11. TERM OF THE AGREEMENT
11.1. This agreement comes into force from the moment of signing and is valid until “” a year, and in terms of mutual settlements until their full completion.
11.2. Either party has the right to terminate this agreement by notifying the other party in advance in writing; however, termination of this agreement does not relieve the parties from fulfilling their previously assumed obligations.
11.3. If, before the expiration of the contract, neither party notifies the other party of termination, then the contract is considered extended under the same conditions, for the same period.
12. SPECIAL CONDITIONS
12.1. The agreement must be signed by authorized representatives of the parties.
12.2. All annexes to this agreement are valid if they are made in writing.
AGREEMENT N _____ purchase and sale of building materials
______________ "____"_________ ____ city _________________________________, hereinafter referred to as___ "Seller", (last name, first name, patronymic) on the one hand, and ________________________________, hereinafter referred to as__ (last name, first name, patronymic) "Buyer", on the other hand , have entered into this Agreement as follows:1. SUBJECT OF THE AGREEMENT
1.1. The Seller undertakes to transfer ownership to the Buyer, and the Buyer - to accept and pay for the construction materials specified in clause 1.2 of this Agreement (hereinafter referred to as the Goods) 1.
1.2. The Seller transfers the following Products to the Buyer:
1.2.1. ___________________________________________________ in quantity (name of the Goods) ______________________________________________________________________________ (indicate the quantity or order of its determination) in the following completeness: _____________________________________________. 1.2.2. ___________________________________________________ in quantity (name of the Product) _______________________________________________________________________ 2 (indicate the quantity or the procedure for determining it) in the following completeness: ___________________________________________.
2. TRANSFER AND ACCEPTANCE OF GOODS
2.1. The Seller transfers to the Buyer the Goods, the quality of which must meet the requirements of the relevant standards and technical regulations adopted for this type of Goods, as well as certificates of conformity.
2.2. The Goods are transferred to the Buyer at the location of the Goods - in a warehouse located at: _________________________________.
2.3. The goods must be ready for delivery no later than "___"___________ ____.
2.4. The Buyer, at his own expense, loads the Goods onto a vehicle, as well as transports the Goods to the Buyer’s location.
2.5. Upon receipt of the Goods at the Seller’s warehouse, the Buyer is obliged to inspect the Goods, check the compliance of the quality, quantity and assortment with the terms of this Agreement (Appendix No. __) and accept the Goods.
The Goods are accepted by the Buyer by signing the acceptance certificate by the Parties.
2.6. Ownership of the Goods, as well as the risk of accidental loss or damage to the Goods, passes from the Seller to the Buyer from the date of signing the acceptance certificate for the Goods.
2.7. In case of transfer of Goods of inadequate quality, the Buyer has the right, at his own discretion, to demand:
2.7.1. A proportionate reduction in price.
2.7.2. Free elimination of deficiencies within a period of no more than _______________________.
2.7.3. Reimbursement of your expenses to eliminate defects of the Product.
2.8. 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 identified repeatedly, appear again after their elimination, and other similar defects), the Buyer has the right, at his choice:
2.8.1. Refuse to fulfill the Agreement and demand a refund of the price paid.
2.8.2. Request replacement of the Product of inadequate quality with a Product that complies with the Agreement.
2.9. If the Seller has transferred to the Buyer, in violation of clause 1.2 of this Agreement, a smaller quantity of the Goods, the Buyer has the right to either demand the transfer of the missing quantity of the Goods, or refuse the transferred Goods and payment for it, and if the Goods have been paid for, demand the return of the paid amount.
3. CONTRACT PRICE AND PAYMENT PROCEDURE
3.1. The price of the Goods transferred under this Agreement is: - _______________________________ - ________ (________________) rubles; (name of the Product) - _______________________________ - ________ (________________) rubles. (name of Product)3.2. The price of the Agreement is ______ (______________) rubles.
3.3. The Buyer pays the price of the Agreement specified in clause 3.2 of this Agreement upon receipt of the Goods from the Seller.
3.4. The Contract price is paid by the Buyer transferring cash to the Seller.
4. OTHER CONDITIONS 3
4.1. This Agreement comes into force on the date of its signing by the Parties and is valid until the Parties fulfill all obligations under it.
4.2. All disputes under this Agreement are resolved through negotiations between the Parties, and if no agreement is reached, in court in accordance with the law. Russian Federation.
4.3. Any changes and additions to this Agreement must be in writing and signed by both Parties.
4.4. For failure to fulfill or improper fulfillment of obligations under this Agreement, the Parties bear responsibility established by the current legislation of the Russian Federation.
4.5. In everything that is not provided for in this Agreement, the Parties are guided by the current legislation of the Russian Federation.
4.6. This Agreement is drawn up in two copies, one for each of the Parties.
4.7. An integral part of this Agreement are the annexes:
4.7.1. Appendix N ___ - Assortment and quantity of goods.
4.7.2. Appendix N ___ - Certificate of acceptance and transfer of goods.
4.7.3. __________________________________.
5. ADDRESSES AND DETAILS OF THE PARTIES
Seller: ______________________________________________________________ passport: series ______ N __________, issued by ________________________________, "___"__________ ____, address: __________________________________________. ________________/________________________________________ Buyer: __________________________________________________________ passport: series ______ N __________, issued by ________________________________, "___"__________ ____, address: __________________________________________. __________/________________________________________1 An agreement is considered concluded if an agreement is reached between the parties, in the form required in appropriate cases, on all the essential terms of the agreement. The condition on the subject of the contract is an essential condition of the contract (clause 1 of Article 432 of the Civil Code of the Russian Federation).
2 The essential terms of the contract are the conditions that are named in the law or other legal acts as essential or necessary for contracts of this type (paragraph 2, paragraph 1, article 432 of the Civil Code of the Russian Federation). The terms of a purchase and sale agreement regarding a product are considered agreed upon if the agreement makes it possible to determine the name and quantity of the product (clause 3 of Article 455 of the Civil Code of the Russian Federation).
In accordance with Art. 465 of the Civil Code of the Russian Federation, if the purchase and sale agreement does not allow determining the quantity of goods to be transferred, the agreement is not considered concluded. The quantity of goods is provided in the appropriate units of measurement or in monetary terms, or the contract may establish the procedure for its determination.
3 Along with the condition on the subject of the contract, as well as the conditions that are named in the law or other legal acts as essential or necessary for contracts of this type, the essential terms of the contract are all those conditions regarding which, at the request of one of the parties, an agreement must be reached (para. 2 clause 1 article 432 of the Civil Code of the Russian Federation). Thus, the parties have the right to define for themselves any condition as essential, in the absence of which the contract cannot be considered concluded.
Related documents
Sample. Contract for the sale and purchase of building materials (between individuals)AGREEMENT N ______ purchase and sale of building materials
G. __________
"___"_______ 200_ g.
Citizen(s) of the Russian Federation _______________, passport _____, issued by "__"_______ ___ city _________, department code _____, resides at the address: __________________, hereinafter referred to as the "Seller", on the one hand, and citizen of the Russian Federation _________, passport ______, issued "__"________ ___G. _____________, department code _____, resides at the address: ___________________, hereinafter referred to as the “Buyer”, on the other hand, have entered into this Agreement as follows:
1. SUBJECT OF THE AGREEMENT
1.1. The Seller undertakes to transfer ownership, and the Buyer to accept and pay for construction materials (hereinafter referred to as the “Goods”), the range and quantity of which are indicated in the Specifications and Appendices, which are an integral part of this Agreement.
2. RIGHTS AND OBLIGATIONS OF THE PARTIES
2.1. The Seller is obliged to transfer the Goods to the Buyer within _______________.
2.2. The Seller delivers the Goods to the Buyer at the address: _____________________.
2.3. The Seller’s obligation under this Agreement is considered fulfilled from the moment the Goods are transferred to the Buyer and the Goods acceptance certificate is signed by authorized persons of both parties. 2.4. The Seller is obliged to transfer to the Buyer the Goods of proper quality in accordance with the requirements of current legislation. 2.5. The Buyer has the right to demand replacement of the Goods of inadequate quality transferred to him by the Seller. Defects identified during the transfer of the Goods must be confirmed by specifically authorized representatives of the Seller. The Buyer is obliged to provide the opportunity for specially authorized representatives of the Seller to inspect the defects identified during the transfer of the Goods. When confirmation of deficiencies, a report on the identified deficiencies is drawn up, which indicates their nature and the time for their elimination. 2.6. Unloading of the Goods is carried out by the Buyer at his own expense and on his own.
3. PRICE OF GOODS AND PAYMENT PROCEDURE
3.1. The price of the Product is ____ (__________) conventional units and includes __________________. 3.2. Settlements between the parties are carried out in rubles at the internal exchange rate of the Central Bank of the Russian Federation on the day of payment. 3.3. Within ____(__________) days after signing this Agreement, the Buyer makes an advance payment in the amount of ___% (__________) of the Agreement amount. 3.4. The remaining amount must be paid by the Buyer to the Seller within _______________ by transferring funds to the Seller’s bank account.
4. QUANTITY AND RANGE OF PRODUCTS
4.1. The quantity and assortment of the Goods are determined by Appendix No. 1 dated "___"_________ 200_, signed by the parties.
5. RESPONSIBILITY OF THE PARTIES
5.1. The parties are responsible to each other in accordance with current legislation. 5.2. The Seller pays the Buyer a penalty in the amount of _____% of the cost of the undelivered Goods for each day of delay associated with improper performance of his obligations under this Agreement, starting from "___"_________ 200_, but not more than __% of the cost of the undelivered Goods. 5.3. If the Seller violates the conditions regarding the quantity and assortment of the Goods, the Seller is obliged to transfer the required quantity of the Goods within __ (_____) days from the moment of violation of the conditions. 5.4. If the Seller violates clause 2.4 of this Agreement, the Seller is obliged, within __ (_____) days from the date of drawing up the act specified in clause 2.6 of this Agreement, to transfer the Goods of proper quality to the Buyer.
6. FORCE MAJEURE CIRCUMSTANCES
6.1. Neither party to this Agreement is liable to the other party for failure to fulfill obligations due to circumstances that arose against the will and desire of the parties and which cannot be foreseen or avoided, including declared or actual war, civil unrest, epidemics, blockades, earthquakes, floods, fires and other natural disasters. 6.2. A document issued by the relevant competent authority is sufficient evidence of the existence and duration of force majeure. 6.3. A party that fails to fulfill its obligation due to force majeure must immediately notify the other party of the obstacle and its impact on the fulfillment of obligations under the Agreement.
7. TERM OF THE AGREEMENT
7.1. This Agreement comes into force from the moment it is signed by the parties and is considered fulfilled after the documented delivery of the Goods to the Buyer (from the moment the Goods acceptance certificate is signed).
8. ADDITIONAL TERMS
8.1. In case of disputes and disagreements, the parties will make every effort to resolve them through negotiations. If it is impossible to decide controversial issues through negotiations, the parties go to court. 8.2. Any changes and additions to this Agreement come into force only after they are signed by both parties. 8.3. This Agreement has been drawn up in two copies (one for each party) having equal legal force. 8.4. In all other respects not provided for in this Agreement, the parties are guided by the current legislation of the Russian Federation.
9. ADDRESSES AND DETAILS OF THE PARTIES
Salesman: _______________________________________________________________
Buyer: _____________________________________________________________
Seller: ______________ (signature)
Buyer: ____________ (signature)
When purchasing (selling) a batch of building materials, you should not rely on the seller’s honesty. It is necessary to draw up a purchase and sale agreement in writing, where everything will be stipulated important points. This will protect the parties and reduce the risk of non-fulfillment of obligations to a minimum.
A contract for the sale and purchase of building materials is drawn up on a standard piece of paper (A-4 format, usually a printed form is used). At the top center you should indicate the name of the document and its number (Agreement No. XXX). Just below, in the center, the name of the agreement is indicated - “Purchase and sale of building materials”. Then you should write the date the document was compiled (on the right) and the city (on the left). The text of the document must indicate the parties - the Seller and the Buyer, between whom the agreement is concluded. You should write the name of the legal entity and the representative who will sign the agreement on behalf of the company. The first paragraph describes the subject of the contract. It is usually stated that this document contains the conditions under which the Seller sells and the Buyer purchases the goods. The list with the names of materials and their prices should not be placed in the contract itself; it is better to issue it as an annex to the contract. The second point can be devoted to settlements between the parties. Here you can specify the total amount of the transaction, payment methods (cash, non-cash). If prepayment is provided, this is also worth mentioning in this paragraph. It is necessary to indicate not only the amount of the prepayment, but also the time when it should be made. It also stipulates the need for the Buyer to confirm the payment to the Seller (for example, providing the receipt stub). The third point is devoted to the timing of the transaction. It describes the moment at which the contract comes into force when the materials are delivered to the Buyer. The fourth paragraph should indicate the responsibility of the parties to the transaction. Most often described:- the amount of fines and penalties that the Seller compensates to the Buyer for late delivery of building materials;
- liability for non-delivery of goods;
- the amount of fines and penalties for late payment for goods (paid by the Buyer to the Seller).
- civil unrest, military actions in the territory of the transaction;
- blockade, epidemic;
- natural disasters (fire, earthquake, flood);
- government orders and regulations;
- embargo, etc.
When drawing up a contract for the sale and purchase of building materials, you should think through all the details. It is important to describe the responsibilities of the parties in each specific case, clearly indicating the percentage of penalties in case of violation of the agreement.