Contract of purchase and sale of kitchen furniture. Sample contract for the sale and purchase of furniture concluded between a legal entity and an individual

furniture in a person acting on the basis, hereinafter referred to as " Salesman", on the one hand, and gr. , passport: series, No., issued, residing at: , hereinafter referred to as “ Buyer", on the other hand, hereinafter referred to as the "Parties", have entered into this agreement, hereinafter " Agreement”, about the following:

1. THE SUBJECT OF THE AGREEMENT

1.1. The Seller undertakes to transfer into the ownership of the Buyer a set of furniture or a compartment door (hereinafter referred to as the “Goods”), and the Buyer undertakes to accept the goods and pay the Seller the amount of money for it, in the manner and amount established by this agreement.

1.2. The subject of this agreement is the goods ordered by the Buyer and corresponding to the description specified in the Specifications and Drawings, which are integral parts of this agreement (hereinafter referred to as “Appendices”).

1.3. The buyer may be provided with additional services for measuring, assembly, installation (assembly) and delivery of goods; the cost of services is included in the price of the goods. These services are provided to the Buyer only upon purchase of the goods. The description of the services ordered by the Buyer, the terms, time and conditions for their provision are specified in the contract and its Appendices.

2. PROCEDURE FOR EXECUTION OF THE AGREEMENT

2.1. The buyer, having familiarized himself with the demonstrated samples, consumer properties and delivery conditions, orders the production of the goods he needs. At the same time, the Seller fills out the necessary Applications, taking into account the characteristic and special features, dimensions and details of the goods.

2.2. The seller sells the goods (check the appropriate box):

2.2.1. With preliminary measurements and a visit to the site of the intended installation; The cost of measurement services is determined in Appendix No. 1.

2.2.2. No preliminary measurements. If the buyer refuses to take measurements, the buyer is responsible for the dimensions provided.

2.3. Installation (installation) of the product is carried out (check the required item):

2.3.1. Seller; The cost of services for installation (installation) of the goods is determined in Appendix No. 1. In the case of installation (installation) of the goods by the Seller, the Buyer ensures that the Seller’s representatives can work in a pre-prepared room intended for installation of the goods, freeing the specified room from unnecessary items and ensuring the necessary safety conditions . If the Buyer did not provide an adequate level of security in the premises, due to which damage to the walls and floors of the client's premises occurred, all responsibility for the damage lies with the Buyer. Installation (installation) of the goods is carried out by the Seller without leveling the floor, ceiling and walls of the Buyer’s premises, as well as without carrying out plumbing work, installing and moving electrical sockets, gas pipes and connections. The Seller has the right to perform services for installation of goods both on the day of delivery of the goods and on any other working day as agreed with the Buyer. The start time of work is subject to agreement between the Buyer and the Seller.

2.3.2. by the Buyer independently without the participation of the Seller; If the Buyer refuses to install (install) the goods, the Seller is not responsible for the consequences caused by poor-quality installation (installation) of the goods, carried out by the Buyer independently or with the help of persons chosen by him.

2.4. Delivery of the goods to the Buyer is carried out by the Seller at the address specified by the Buyer. The cost of goods delivery services is determined in Appendix No. 1. The delivery date and time are agreed upon by the Buyer and the Seller, but no less than one day before delivery. At the same time, the Seller informs the Buyer about the delivery date and time. If the delivery of the goods was made within the terms agreed upon by the parties, but the goods were not transferred to the buyer due to his fault, a new delivery is made within the terms again agreed upon by the parties after additional payment by the Buyer of the cost of delivery of the goods. In this case, the Buyer and the Seller may enter into a separate agreement for re-delivery. The cost of these services is not included in the amount of this agreement.

2.5. The lead time for delivery and assembly is business days.

2.5.1. Order completion date no later than 2019 The order may be delivered to the Buyer earlier than the specified date, of which the Buyer will be notified no less than 24 hours before delivery of the goods. If the Buyer refuses to accept the goods before the order completion date, the Seller has the right to deliver the goods to the Buyer later than the order completion date and the order completion date is considered agreed with the Buyer.

2.5.2. The Seller reserves the right to suspend this agreement or increase the period for performing delivery and assembly services unilaterally if, during the period for performing delivery and assembly services, the Seller is unable to contact the Buyer and set the date for delivery and assembly of the goods.

2.6. The product must be delivered to: .

2.7. The transfer of the goods is carried out by handing it over to the Buyer or another person authorized by him who has presented the original of this agreement.

3. PAYMENT PROCEDURE AND AMOUNT OF THE AGREEMENT

3.1. When concluding an agreement, the Buyer makes an advance payment in the amount of % of the amount specified in clause 3.3 of the Agreement.

3.2. The final payment under the contract is made to the Seller’s representative upon delivery of the goods and provision of services to the Buyer.

3.3. The contract amount is rubles.

3.4. All payments under this agreement are made in rubles in accordance with the norms of current legislation.

3.5. Additional elements of the Buyer not purchased from the Seller are installed only for an additional fee and are subject to mandatory reflection in Appendix No. 1 of this agreement in the column “additional work” indicating the name and quantity of installed products.

3.6. If Appendix No. 1 does not contain the paid installation of additional elements or the number of paid elements does not correspond to the number actually installed, the Seller has the right to refuse the Buyer to install all unpaid elements.

3.7. If the Buyer refuses to install any elements of the goods ordered from the seller (shelves, decorative and false panels, fittings, etc.), their cost is not deducted from the cost of the goods, and the Buyer is obliged to pay for the goods in full, and these elements remain at his complete disposal.

4. WARRANTY PERIOD

4.1. Warranty period for the product.

4.2. The warranty period does not apply to electrical equipment supplied with the product, to glass without reinforcing film, as well as to mechanical damage to the product during its use by the Buyer.

4.3. The buyer loses the warranty period for the goods ordered in this agreement, as well as the warranty period for the goods he previously ordered under previous agreements, in the event of failure to fulfill his obligations under any of the agreements.

4.4. If the Buyer installs the product purchased from the seller independently, the warranty for the product applies only to the sliding door mechanism.

5. DURATION OF THE AGREEMENT

5.1. The agreement comes into force from the moment of its signing.

5.2. The expiration date of the contract will be the date of delivery to the Buyer or persons representing him of the goods corresponding to the description specified in the Appendices. When the services specified in the contract are provided, the contract is considered fulfilled from the moment these services are performed.

6. RESPONSIBILITY OF THE PARTIES

6.1. The Buyer has the right to demand from the Seller payment of a fine in the amount of % for each day of delay from the amount of delivery and assembly services specified in Appendix No. 1.

6.2. The fine is not charged to the Seller in cases where the Buyer has violated the deadlines established in clause 2.4 of the agreement. If the Buyer refuses to receive the ordered goods (services) in accordance with the specifications and sketch, the funds paid by the Buyer for the goods (services) remain with the Seller as penalties.

6.3. If the Seller refuses to fulfill this agreement, the Seller returns to the Buyer funds in the amount of cash payments made by the Buyer.

6.4. Claims under the contract are accepted during the warranty period for the goods upon presentation by the Buyer of the original of this contract and all attachments to it.

6.5. For non-fulfillment or improper fulfillment of obligations under this agreement, the parties bear responsibility under the current legislation of the Russian Federation.

6.6. The parties are released from liability for partial or complete failure to fulfill 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 not foresee or prevent by reasonable measures (force majeure circumstances). Such events include floods, fire, earthquakes, explosions, storms, soil subsidence, epidemics and other natural phenomena, military operations, and technological disasters.

6.7. In the event of force majeure circumstances, the execution of the contract may be suspended without any sanctions against the affected party for the duration of their operation and the elimination of their consequences.

7. DISPUTE RESOLUTION

7.1. All disagreements and disputes that may arise between the parties from this agreement and in connection with it will, if possible, be resolved through negotiations.

7.2. In the event that disputes that arise are not resolved through negotiations, they are subject to resolution in court.

8. OTHER CONDITIONS OF THE AGREEMENT

8.1. This agreement, drawn up on four pages, as well as any annexes to it, is concluded between the two parties in two copies of equal legal force, and one copy is transferred to each of the parties.

8.2. Changes and additions to this agreement are not permitted. If the Buyer needs to make changes or additions to this agreement, the agreement is subject to termination and a new agreement With new date and a new deadline for delivery and assembly services. In this case, the buyer pays additionally for work related to the renewal of the contract in the amount of the cost of services associated with the preliminary measurement of the goods.

If you want to sell your old sofa in order to purchase a replacement, you will need to draw up a purchase and sale agreement. Its essence lies in the fact that the seller transfers the goods to the buyer, and he pays the agreed amount for it.

The contract should describe the goods so that future disputes on this matter do not arise.

The contract is usually drawn up and concluded in writing; it includes important conditions:

• payment procedure and terms;
• furniture delivery dates, place where the transfer will take place;
• conditions relating to installation, assembly, delivery;
• detailed description of the furniture;
• other conditions.

Description of the sofa includes:

• dimensions of components;
• exact purpose;
• Product characteristics. Here you should indicate the manufacturer, model, brand, etc.

Delivery of the sofa under the purchase and sale agreement

It is customary to indicate in the text the procedure and period during which delivery is carried out. It often happens that the ordered goods are first delivered to the seller’s warehouse, and then only to the customer. If you choose this option, you should study the delivery times.

Important! It is also necessary to provide at whose expense the delivery of the goods will take place. Usually this happens at the expense of the seller, but as practice shows, you can always deal with unscrupulous people.

Therefore, in some cases, delivery is also organized by the buyer, so try to pay attention to this factor Special attention.

Payment for a sofa under a sales contract

It may seem that there is nothing complicated in terms of drawing up an agreement. But often the parties face various problems, so it is advisable to discuss and analyze all points in advance.

At the time of signing the contract, it is important to study the clause regarding payment for the goods. In practice it is often ignored.

Moreover, two options are usually used to make payment:

• when the buyer pays the amount specified in the contract in whole or in part;
• The buyer pays for the goods at the moment when they are delivered.

Companies selling furniture offer their developed standard contracts. They provide the payment option that is convenient for the company. But at the same time, the buyer must know that he has every right to make changes. You can always draw up your own document and provide it to the seller for detailed review.

If you carefully follow each point, you can always draw up a document without special effort. If any doubts arise, it is advisable to deal with this issue with an experienced specialist who will be next to you.

A furniture purchase and sale agreement is an ordinary contract between a supplier and a consumer, filled out in a store. The sample can be downloaded for free and put into practice.

The object of the purchase and sale transaction is various things of the material world, including furniture. A furniture purchase and sale agreement is an ordinary contract between a supplier (manufacturer) and a consumer, filled out in a store, office, home, and other places where the parties agreed to sell and buy furniture. There is nothing difficult in creating a written act of expression of will of two participants in civil legal relations. It is enough to introduce essential conditions into the agreement, add your own wishes that do not contradict the law, and the transaction will take place.

Let's look at the main features of filling out the document structure. Using a special direct link, you can download a free sample contract for the alienation and acceptance of furniture and apply it in your own practice. Do not forget about the mandatory fixation of the cost and the procedure for settlements between entities, since without this condition, the contract for the alienation and acceptance of furniture will not be legitimate. The paper must be prepared in at least two copies, in writing. Before signing, it is important to check every word of the agreement to eliminate possible negative consequences.

Mandatory clauses of the furniture purchase and sale agreement

:

• Name, date and city of the transaction;
• Details of the parties;
• An item describing technical characteristics;
• Cost, payment procedure, production and delivery terms;
• Delivery information to the location;
• Guarantee, rights and obligations, responsibility of persons;
• Other provisions that do not contradict the law;
• Signatures and transcripts of participants.

The agreement may provide for the conditions of manufacture, delivery and installation at the site of use. Often, the supplier will deliver and install furniture on site as bonuses to the main contract. Huge competition in this area of ​​production and sales allows consumers to choose the seller and individual working conditions for each. These relationships and fraudulent activities are not avoided. The temptation to receive a preliminary advance and not fulfill the obligation is great and is practiced among criminals. It is best to pay upon delivery, eliminating risks.

Drawing up a contract for the purchase and sale of custom-made furniture

If you decide to buy furniture, be sure to read the contents of this chapter, otherwise you risk becoming the owner of a “pig in a poke.”

Purchasing custom-made furniture is the most reliable way to get the most suitable option for you. Today you can order the service of manufacturing a furniture set according to an individual project from almost any company. How to choose a reliable contractor who is guaranteed to be able to produce a high-quality headset, deliver it on time, and also do everything possible to avoid dissatisfaction from the buyer? Careful study of the documentation will help you with this.

Naturally, first of all, the future owner of a nice new sofa or kitchen set will turn his attention to the furniture samples that are presented in the showroom. Then on the price, level of competence and service of sellers, available (or absent) photo albums with ready-made catalogs and interiors, and so on. All these points are very important. And, nevertheless, when the scales tip towards one manufacturer or another, ask him for a contract form and read it in detail. A thoughtful buyer can learn a lot from it.

The Seller is obliged to enter into an agreement with the Buyer, who has expressed his intention to buy goods based on the samples that are presented in the catalog, store or in some other way in accordance with Decree of the Government of the Russian Federation No. 918 of 1997 (last amended on December 7, 2000 year) “Rules for the sale of goods based on samples.”

By the way, you must be provided with a contract for the purchase and sale of furniture provided that you want to purchase a set of furniture directly from trading floor. In practice, the Seller mainly tries to limit himself to a check or some other financial document. According to the law, this is permissible, but it may entail negative consequences for the buyer, which you will read below.

What should a furniture purchase and sale agreement consist of?

1. Name of the agreement. For example, “Agreement for the manufacture of a kitchen set in accordance with an individual project” or “Agreement for the manufacture of a sofa bed” and the like.

2. Parties to the agreement. The executor of the order must indicate his exact name, as well as legal address. If the seller is not involved in the production of the order or uses the services of a transport company to deliver it, he must indicate the names and legal addresses of those companies that will provide this service to the buyer.

3. Order execution time.

4. Payment period with the order executor (payment of the balance, prepayment).

5. Assembly, installation and connection time household appliances(if necessary).

6. Signing the acceptance certificate for completed work.

7. Obligations of the parties under the contract, as well as possible penalties.

Subsequently, a design project should be attached to the contract, which must be agreed upon with the customer, or a detailed description required item furniture. This issue must be treated extremely carefully: you can return the purchased product only if it is found to have significant deficiencies or discrepancies with its description.

The key point of any contract is its terms - execution time, delivery time finished products, assembly period, period for eliminating defects, period for satisfying buyer claims, and so on. Make sure that all points regarding the terms of the contract are clearly spelled out in it.

An important detail is the delivery of furniture. The most common complaints addressed to furniture companies relate specifically to failure to meet stated deadlines for furniture delivery. And it is thanks to the contract that in the event of a conflict you will be able not only to force the seller to ultimately fulfill his obligations, but also to pay you the penalty stipulated by the contract.

Please note that penalties vary. Based on this, if the furniture did not reach you within the time period agreed with the buyer and specified in the contract, then you have the right to demand a penalty in the amount of three percent of the total cost of the order for each subsequent day of delay, but this amount should not exceed one hundred percent of the cost of the order. This is stated in the twenty-eighth article of the Law “On Protection of Consumer Rights”. According to simple calculations, the contractor will have to pay you the full cost in thirty-four days. Please ensure that the contractor does not underestimate the amount of the penalty in the contract (instead of three percent, he can indicate, for example, half a percent).

It is the timing that is the main reason for concluding a purchase and sale agreement in the case of purchasing furniture from a catalog or directly from a store. By sales receipt or other financial document, delivery times are not clearly specified! In practice, cases when for a month or even longer a buyer cannot receive goods fully paid for by him are far from uncommon. And this, by the way, violates the twentieth, twenty-first and twenty-second articles of the Law “On the Protection of Consumer Rights”, for which a penalty is imposed for each day of delay in the amount of one percent of the price of the goods. Although, it is generally accepted that if the seller provided you with a check, then you automatically entered into a purchase and sale agreement with him. But it is best to always have a document in hand that clearly states the circumstances of the parties.

Guarantees are of particular importance. Pay special attention to the clause that stipulates the warranty period. Custom-made household furniture has a statutory warranty period of eighteen months from the date of receipt of the order ( different kinds furniture may have different warranty periods and range from twelve to eighteen months from the date of receipt of the order). In practice, there are cases when the seller underestimated the warranty period, and subsequently he refused to accept claims from the buyer, arguing this with the Law “On the Protection of Consumer Rights,” which he had already violated.

Pay attention to eliminating shortcomings. Improper or untimely correction of deficiencies also merits penalties. In this case, the penalty amount is one percent of the total cost of the order for each day of delay, and any restrictions on the amount of in this case are missing.

Of course, not a single seller will include all clauses of the Law “On Protection of Consumer Rights” in the contract, but an attentive seller should definitely notice the phrase “The Seller bears responsibility to the extent of the current legislation” or “under Articles 22, 23, 29 of the Law “On protection of consumer rights."

But do not think that the deadlines must be met only by the Seller. The Buyer has not only the obligation to pay for the goods on time, but also to accept them on time. In the event that any reasons prevent him from doing this, the contract must provide for a certain amount for each day the goods are stored in the Seller’s warehouse (the amount is not regulated by law, which makes it possible for each company to assign its own).

The Buyer can carry out transportation and installation at his own discretion. Naturally, this must be stipulated in the contract, and in this case, if something happens to the order during delivery or assembly, the furniture manufacturer will not be held responsible for this. But here, too, there is a certain point that needs preliminary clarification. In case of self-assembly, you must be provided with instructions for assembling furniture, including an installation diagram, as well as packaging documents (care and operating instructions). If these documents are not provided to you, then in the event of damage to the furniture caused by improper use, you can contact the Seller with claims, since this is a violation of your right to receive complete information about the product you purchased.

If the contract contains no clauses regarding transportation and installation at all, and you are not going to deal with this issue yourself, you must insist on making adjustments. Otherwise, you will face great difficulties in proving that the defects in the furniture were caused by transportation or assembly processes, for which the Seller must be held responsible. It will be easier if the entire cycle of work - from drawing up a design project to assembling furniture - was completed with you by one performing company. It is much more difficult if there were several such companies.

You should always remember that a contract is a document that must be signed by two parties: the seller and the buyer, the contractor and the customer. Therefore, if you have decided to purchase furniture from a specific seller, but are not satisfied with the contract, do not hesitate and make your own adjustments. If the contract's defects are not malicious intent seller, he will always meet you halfway in this matter. If not, think about whether it’s worth giving your money to this company.

You should also be aware of such a service existing on the market as document examination. You can contact the relevant organizations with the contract form, where they will advise you on whether the contract was drawn up correctly and how you can protect yourself as much as possible from poor-quality execution of the order if some points are not provided for in the contract or cause you doubt. Perhaps this is not yet entirely customary, but keep in mind: as a rule, ordered furniture must be used for at least seven to ten years. Maybe it would be better to make every possible effort that will ensure your peace of mind?

In accordance with latest edition The Law “On the Protection of Consumer Rights” of 2005 (Law of the Russian Federation of December 21, 2004 No. 171-FZ), the contract must indicate the price only in ruble terms, and not in conventional units, dollars or euros.

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Question 99. Concept and types of purchase and sale agreement. Under a purchase and sale agreement, one party (seller) undertakes to transfer the property (goods) to the other party (buyer), and the buyer undertakes to accept this product and pay a certain amount of money (price) for it.

Buying furniture is a serious investment. Money. When purchasing such property, it must be accompanied by a number of documents, according to which the buyer is provided with a guarantee, delivery and assembly of the item for interior design and household use.

The most the best way To competently control all the conditions of the services provided is to draw up a furniture purchase and sale agreement. This mainly applies to furniture that is made to order. We will describe in detail what a furniture purchase and sale agreement should look like and what points should be included in it in our article.

Subject of the agreement

When purchasing furniture that is made to order or consists of special modules that must be assembled on site, the seller must enter into a purchase and sale agreement for the underlying item with the client. This allows us to foresee all possible risks, of which there may be many, and also determine the payment for related services.

Before manufacturing some pieces of furniture, the seller needs to take into account not only the client’s wishes, but also the size of the room in which this or that piece of furniture will be installed. Also, some furniture companies provide the services of a designer, consultation with whom allows you to succinctly, competently and tastefully fit the element of household use the client needs into the environment.

Of course, all these services are not free, in addition, delivery to the client must be ensured, and we should not forget that modern furniture is quite complex in terms of design, which requires the involvement of an assembly specialist. Each employee must receive payment for the professional work performed, and the client must pay for the services. Including the entire range of furniture in the price is not loyal to the buyer, so it is necessary to describe all aspects of the final price. For such purposes, a furniture purchase and sale agreement is drawn up.

Minimizing risks

Damage may occur during transportation and assembly of furniture. Drawing up a furniture purchase and sale agreement allows you to provide not only warranty periods, but also possible incidents that may occur with the piece of furniture, and determine the persons responsible for this.

The contract also includes details regarding the buyer's responsibilities. For example, while providing free delivery within the agreed time frame, it turns out that the buyer is not at home, as a result of which the goods are sent back to the warehouse. To protect himself, the seller can include in the contract a condition for re-delivery and indicate its price in advance, so that the client does not have any complaints when he is asked to pay for this service.

Information

Thus, a furniture purchase and sale agreement is a correct and competent way of interaction between the seller and the buyer, which allows you to avoid mutual claims and the appearance of controversial issues. Such an agreement is certified only by the parties to the agreement and has full legal force from the moment of conclusion. It is compiled in two copies, for the seller and the buyer.

What does the document look like?

A furniture purchase and sale agreement is drawn up in accordance with all the rules for drawing up business documentation. When completing it, you should adhere to this structure and enter the following information:

• A cap:
  1. Title: “Furniture purchase and sale agreement”;
  2. Place (city) and date of conclusion;
  3. This is followed by a small paragraph indicating the details of the organization that provides services to the seller, and the full name of the buyer, if he is an individual. If we are talking about the supply of furniture to an organization, then the details are also indicated.
• The contents of the furniture purchase and sale agreement itself must include the following details:
  1. The subject of the agreement, which describes the actions of the seller in relation to the buyer and the range of services. If the company is large, then here is a link to the application, where there should be a specific list of parts for assembly in a special document;
  2. Delivery conditions. This describes what preliminary actions the seller and buyer must take. For example, the customer is required to provide access to free space, for assembly, and from the supplier, in turn, competent measurements. The terms and conditions of furniture delivery are also discussed here;
  3. Cost and payment procedure. This part details the cost of each individual service;
  4. Responsibility of the parties. This should describe the procedure for both parties, in case of violation of the terms of the furniture purchase and sale agreement, by one of the parties and what sanctions are applied to the violator in favor of the victim;
  5. Installation conditions. The procedure for action on the part of the service provider and the provision of conditions on the part of the buyer are described in detail. The terms of furniture assembly under the purchase and sale agreement are also indicated.
  6. Product quality. The seller here undertakes to provide all the necessary parts of proper quality and indicates the deadline for replacing defective ones;
  7. Warranty obligations. The terms of warranty service are described here, as well as the warranty periods for different elements, with reference to the application;
  8. Special conditions. It states here from what moment the agreement comes into force, and what responsibilities are assigned to the purchaser according to the operating rules that are attached to the furniture purchase and sale agreement. Other conditions may be specified here, depending on the wishes of the buyer and seller, as well as the method of resolving disputes;
  9. Force majeure situations. It spells out situations in which the terms of the contract may change, who is responsible for what actions;
  10. Contract time. It states from what moment the agreement comes into force and provides for possible changes to the text of the agreement;
  11. List of applications. Usually there is a user manual and a list of supplied furniture structural elements for subsequent assembly. Additional documents may be included, for example, when purchasing a kitchen set, built-in appliances come with a separate warranty and accompanying documentation. A sketch of the product, etc. may be attached;
  12. Details of the parties. Information about the seller and buyer with addresses and contact details.