Sales contract

Key components of a sales contract

Parties involved

  • Buyer and seller: List the buyer's and seller's full names, addresses, and contact information.

Description of goods or services

  • Goods or services: To avoid misunderstandings, provide a detailed description of the goods or services being sold, including quantities, specifications, and relevant details.

Payment terms

  • Price: Specify the agreed-upon price for the goods or services.
  • Payment schedule: Include the payment method (e.g., cash, credit, e-payment) and the schedule (e.g., upfront, in installments, upon delivery).

Delivery terms

  • Delivery date and location: Outline when and where the goods will be delivered.
  • Shipping costs and responsibilities: Specify who will bear the shipping costs and logistics.

Warranties and guarantees

  • Warranties: Define any warranties the seller provides, such as repair or replacement policies.
  • As-is clause: If applicable, state that the goods are sold "as is" without any additional warranties.

Risk and title

  • Transfer of risk and title: Indicate when the risk of loss or damage to the goods transfers from the seller to the buyer and when the title or ownership of the goods is transferred.

Inspection and acceptance

  • Inspection period: Allow the buyer a specified period to inspect the goods upon delivery.
  • Acceptance criteria: Define the criteria for accepting or rejecting the goods based on their condition and adherence to the contract.

Termination and default

  • Termination clause: Specify the conditions under which either party can terminate the contract.
  • Default terms: Define what constitutes a breach of contract and the remedies available to the non-breaching party.

Governing law

  • Jurisdiction: Indicate which jurisdiction’s laws will govern the contract. This is especially important for transactions between different states or countries.

Signatures

  • Signatures: Provide spaces for both parties to sign and date the contract, making it legally binding.

How to write a simple sales contract

Identify the parties: Clearly state the full names and addresses of the buyer and seller.
Describe the goods or services: Provide detailed descriptions to avoid misunderstandings.
Set the payment terms: Specify the price, payment method, and schedule.
Outline delivery terms: Include the delivery date, location, and responsibilities.
Include warranties: Define any warranties or state if the goods are sold "as is."
Detail termination conditions: Specify how and when the contract can be terminated.
Signatures: Ensure both parties sign and date the contract.

Example of a sales contract statement

"Both parties agree to sell the described goods under the terms specified in this contract. The seller warrants that the goods will be delivered in the agreed condition, and the buyer agrees to pay the specified amount according to the payment terms."

Can I create my own sales contract?

Yes, you can create your own sales contract using online templates or draft one from scratch. However, consulting with a legal professional is advisable to ensure the document is legally binding and adequately protects your interests.

What are the 5 required elements of a contract?

  1. Offer: One party makes an offer.
  2. Acceptance: The other party accepts the offer.
  3. Consideration: Something of value is exchanged.
  4. Mutual assent: Both parties agree to the terms.
  5. Legality: The contract must be for legal purposes.

What is a sales contract example?

An example of a sales contract can be found in online legal document templates. These typically include sections for party identification, goods description, payment terms, delivery details, warranties, and signatures.

FAQ

What is the purpose of a sales contract?

A sales contract ensures that both parties understand their obligations and the terms of the sale, which helps prevent disputes. It legally binds both parties to the agreed-upon terms, providing protection and clarity throughout the transaction.

How does a sales contract benefit both parties?

A sales contract benefits both parties by clearly outlining the terms of the sale, including payment, delivery, and warranties. This helps to prevent misunderstandings and provides a legal framework for resolving disputes if they arise.

Can a sales contract be amended?

Yes, a sales contract can be amended if both parties agree to the changes. Any amendments should be documented in writing and signed by both parties to ensure they are legally binding.

What happens if one party breaches a sales contract?

If one party breaches a sales contract, the non-breaching party can seek remedies as outlined in the contract. This may include monetary damages, specific performance, or contract termination, depending on the severity of the breach and the terms agreed upon.

Do sales contracts need to be notarized?

Sales contracts do not typically need to be notarized to be legally binding. However, having a contract notarized can provide an extra layer of validation and may be required for certain types of transactions or in specific jurisdictions.

What is the difference between a sales contract and a purchase order?

A sales contract is a comprehensive agreement outlining all the terms and conditions of a sale. At the same time, a purchase order is a document issued by the buyer to the seller indicating the types, quantities, and agreed prices for products or services. Once the seller accepts it, a purchase order becomes a binding contract.

About this template

A sales contract template is a legally binding document that outlines the terms and conditions of a sales agreement between a buyer and a seller. This document ensures that both parties understand their rights, responsibilities, and obligations during the transaction, providing a framework to prevent disputes and misunderstandings.

Reviewed by 
Viktor Kessler
Co-Founder Notch
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