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Law of Contract
A.
Outside Settings
Standard Form Sales Contract for Painting Work
This is a binding contract. The manufacturer and the buyer, by signing this contract acknowledge that the painting will be delivered under the cost and conditions presented herein.
This is a contract between the two parties indicated below.
………… (Buyer)
| Address: | |
| Email Address: | |
| Phone Number: | |
| Contact Person: |
(Insert Name of Manufacturer or Service provider) (Seller)
| Address: | |
| Email Address: | |
| Phone Number: | |
| Contact Person: |
| Business Name and Address | Provide manufacturer name and contact information | |
| Order description | This includes the order details including the quantity and design specifications | |
| Total Cost | Total amount in USD | |
| Deposit | Amount ………………………….. Date paid ………………………….. | Deposit paid in USD and date paid. |
| Balance | Amount ……………………………… Date to be paid …………………. | Balance to be paid in USD, including the expected date of payment |
| Payment Details | Payment method …………………………………………………………… Account details …………………………………………………………… ……………………………………………………………. | Indicate preferred payment method and account details, for example; bank account. |
| Order delivery and turnaround time | This provides the time within which the order will be delivered. Order receipt confirmation Upon receipt of the order, the seller shall contact OS Furniture within three days with details on receipt of the order and willingness to execute it. The letter addressed to OS will provide a quotation for the product ordered and the expected time of completion, which should be as carefully matched to OS’ requested delivery time as possible. This will ensure timely delivery to customers. Order delivery An agreement will be done within a maximum of three days after checking logistical issues, at which point a contract between the company and the manufacturer will be signed. The agreement must include the cost, and expected a time of delivery. | |
| Materials and inputs | Manufacturer to provide Special material specifications | Please circle appropriately. The manufacturer is responsible for sourcing materials unless otherwise requested by the customer. In such an event, special arrangements will be made. |
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Returns and cancellations
The manufacturer shall provide a return period during which any modifications can be made to ensure standards are met. If the order does not meet OS’ specifications, OS shall issue a refund notice. At this juncture, the manufacturer can choose to redo the order if there is adequate time. If there is no time, the manufacturer will make a full refund to OS.
Agreement
I agree that the above conditions are clear and understand that this is a binding contract.
Signed
- Manufacturer
Name of Manufacturer or Service Provider ………………………………………………………
Signed by ….……………………………………………………………………………………..
Title ………………………………………………………………………………………………
Date ………………………………………………………………………………………………
- Outside Settings
Signed by …………………………………………………………………………………………
Title ……………………………………………………………………………………………….
Date ………………………………………………………………………………………………
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B.
Image Painting
Standard Form Sales Contract for Painting Work
This is a binding contract. The seller and customer, by signing this contract acknowledges that the painting service will be delivered and paid for under the conditions presented herein.
This is a contract between the two parties indicated below.
Outside Settings (Seller)
| Address: | |
| Email Address: | |
| Phone Number: | |
| Contact Person: |
(Insert Name of customer) (Buyer)
| Address: | |
| Email Address: | |
| Phone Number: | |
| Contact Person: |
| Description | ||
| Product specifications | This includes the order details including the quantity and design specifications. Important Note Ensure description is comprehensive and covers all the requirements including design preference, materials, size, quantity, and others Sample picture may be attached. | |
| Total Cost | Total amount in USD | |
| Deposit | Amount ………………………….. Date paid ………………………….. | Deposit paid in USD and date paid. Note: Deposit should be half or more of the set price |
| Balance | Amount ……………………………… Date to be paid …………………………………. | Balance to be paid in USD, including the expected date of payment Note: Balance to be paid before or during delivery |
| Date of delivery/collection | Date …………………………………………………… Delivery Insert delivery address ……………………………………………………………… ……………………………………………………………… Collection Preferred date of collection …………………………………………………………….. | -This refers to the agreed date of collection of completed custom-made furniture. -A date range may be provided -Collection is based on completion of payment and furniture will only be collected when the balance is paid -Specify whether furniture will be collected or delivered (please circle tick accordingly) |
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Cancellation policy
Order cancellations can only be made within ten days after the order has been made. In this case, a fine of 10% of the total order amount is applicable. If cancellation is made after ten days, a fine of 50% applies to enable the company meets associated losses. Failure to collect furniture within 30 days once due will attract a fine of 100%.
Returns policy
The customer has a right to make returns to correct any design defects. This will be done at no extra cost. To benefit from this provision returns reported within two weeks of delivery and executed within 30 days. After 30 days, the customer will need to pay an extra fee for repairs and transport. Where the client is not satisfied, he or she must prove without reasonable doubt that the design specifications were not met. In that case, up to 100% may be refunded.
Agreement
I agree that the above conditions are clear and understand that this is a binding contract.
Signed
- Customer
Name of Customer …………………………………………………………………………………
Signed …. …………………………………………………………………………………………
Date ………………………………………………………………………………………………
- Outside Settings
Signed by ………………………………………………………………………………………….
Title ……………………………………………………………………………………………….
Date ………………………………………………………………………………………………
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C.
Outside Settings
Standard e-contract form for internet sales
| Description | |||
| Name of Customer | Insert full name | ||
| Address | Insert full address | ||
| Telephone number | Insert telephone number | ||
| Product and quantity | Serial Number | Quantity | Insert serial number (s) of the product as provided on the website. |
| 1. | |||
| 2. | |||
| 3. | |||
| 4. | |||
| 5. | |||
| 6. | |||
| 7. | |||
| 8. | |||
| 9. | |||
| 10. | |||
| Total Cost | Total amount in USD | ||
| Payment details | Amount …………………………………………….. Date Paid …………………………………………….. Receipt Number/Payment Confirmation Details ……………………………………………….. ……………………………………………………………. | Provide payment details in USD including the amount, date and receipt number or payment confirmation details from the website. Payment shall be made in full before delivery | |
| Delivery | Insert delivery address ……………………………………………………………… ……………………………………………………………… Preferred Date (after seven days) …………………………………………………… | Delivery will be made within 5-7 days after order receipt. Customer to provide preferred delivery address and date. Note: The preferred date is only applicable when delivery is made after the 7th day. -Specify whether furniture will be collected or delivered (please circle tick accordingly) |
Cancellation policy
Order cancellations can only be made within three days after making your order. No charges are applicable in such circumstances. Orders canceled after the three days will attract a fine of 20% of the total order amount to cater for logistical losses. Orders canceled during or after delivery will attract a fine of 50%. Refunds will be made less the amount fined.
Returns policy
The customer has a right to make returns to correct any design defects. This will be done at no extra cost. To benefit from this provision returns reported within two weeks of delivery and executed within 30 days. After 30 days, the customer will need to pay an extra fee for repairs and transport. Where the client is not satisfied, he or she must prove without reasonable doubt that the design specifications were not met. In that case, up to 100% may be refunded.
Agreement
I agree that the above conditions are clear and understand that this is a binding contract.
Please tick above if you agree.
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Part II
Memorandum
To: Outside Settings Co-owners
From: …………………………… (insert name)
Date: April 8, 2018
Subject: Standard Form Contracts and How they Will Help Prevent or Minimize Contract Disputes and Possible Liabilities and Losses.
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A.
LeRoy (2016) that a contract is a guiding document providing conditions under which two parties conduct business. The contract forms the basis upon which any complaints and liability cases are addressed. Accordingly, the standard form sales contract will be instrumental in minimizing contract disputes and possible liabilities with furniture manufacturers after purchase. The contract is an agreement between Outside Settings (OS) and the manufacturers which must be signed before the delivery of goods.
This way, the company will be sure that the manufacturer has received the order and that the furniture will be delivered promptly. It also provides the periods of correspondence during which the order with the manufacturer is made, as well as the delivery period, thus ensuring that customers’ orders are delivered promptly (Goldberg, 2015). This will also avoid cases of lateness and instances where furniture is delivered after the customer cancels their order, thus leading to losses to OS.
B.
The standard form sales contract for painting work will set clear standards on the obligation of the company to deliver and also ensure that customers can keep their end of the bargain (Wang, 2015)). Recently, the company has incurred significant losses due to the cancellation of custom-built furniture, which ends up being sold at lower prices than they originally cost. The contract indicates that the customer ordering for painting work must commit to payment of the painting if they order is not canceled within the stipulated time.
Long Champ (2017) notes that a contract should seek to minimize liability through protecting the company in the form of clear clauses on possible areas of liability. In this case, OS will also avoid liabilities that may arise from customer complaints because all matters related to the order will be based on the contract which the client has signed. Notably, details including costs, design specifications, payment, return, and cancellation are addressed in the contract, thus binding the buyer to the set conditions.
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C.
Internet sales may present significant challenges because there is no physical contact with the customer and transactions are mainly built on trust. The standard form e-contract will solve this problem by providing a binding agreement between the OS furniture and the online clients, thus making it more reliable than before (Legaline, 2017). Online business is often characterized by the existence of non-serious buyers and having a contract increase chances of transacting with genuine buyers.
This will prevent losses to OS through defaulted payments and canceled orders. Unlike in previous orders, the contract will also include additional client details to ensure that OS can efficiently track down defaulters. The e-contract provides conditions for shipping, a return policy and cancellation policy, which further promote a commitment by buyers (Ciacchi, 2016).
It also shields the company in that any losses in logistics are covered through the fines imposed under the returns and cancellation policies. Clear guidelines on dates of the delivery amount paid and applicable fines ensure that contract disputes and potential liabilities are avoided. The fact that OS offers a return policy also means that customer trust is enhanced.
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References
Ciacchi, A. C. (2016). Contents and Effects of Contracts-Lessons to Learn From The Common European Sales Law. London: Springer.
Goldberg, V. P. (2015). Rethinking Contract Law and Contract Design Rethinking Law series. Cheltenham, UK: Edward Elgar Publishing.
Legalline. (2017). Contracts made online. Retrieved from www.legalline.ca/legal-answers/contracts-made-online/
LeRoy, R. (2016). Business Law Today, Comprehensive. London: Cengage Learning.
Long Champ. (2017). Chapter 3: The law of contracts. Retrieved from www.longchamps3e.nelson.com/instructor/03Ch03.pdf
Wang, F. F. (2015). The incorporation of terms into commercial contracts: a reassessment in the digital age. Journal of Business Law (2015), 1-27. Retrieved from bura.brunel.ac.uk/bitstream/2438/11004/1/Fulltext.pdf
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