To be chosen by writer Essay Example

  • Category:
    Law
  • Document type:
    Article
  • Level:
    Undergraduate
  • Page:
    2
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    984

Sale contract 7

Contract law

This paper presents a contract agreement between ACT Aviaries Pty Ltd and Parklife Pty Ltd. The paper is based on a decision by the director of ACT aviaries to build an aviary with the director of Parklife Pty Ltd, Eric Sully. The contract is being drafted in order to ascertain that the procedure that both parties are willing to undertake is legally binding. This will be of much help in case one party fails to meet the demands laid within the contract1. The paper will form all the stipulations provided for in a standard sales contract and will also follow the required guidelines.

CONTRACT FORM

THIS AGREEMENT is made on 3 day of May, 2011 between ACT Aviaries Pty Ltd CAN of 32 Gamor Street Waramanga, ACT 2611 (herein after referred to as “the seller”) of the one part and Parklife Pty Ltd of MLC Tower Woden, ACT 2606 (herein after referred to as “the buyer”) of the other part.

WHEREAS the buyer has entered into an agreement with the seller for the building of an aviary.

IT IS AGREED as follows:

I. Definitions

In this agreement the following items will be deemed to have the following meanings

1.1 ‘Commencement’ date will mean “date”

1.2 ‘Delivery date’ will mean the date stipulated in the contract for the delivery of the said goods.

1.3 ‘The Goods’ will mean goods of the type that are set out in the schedule at first.

1.4 ‘The Contract Price’ will mean the price of the goods that are ascertained as per the list of the seller that is given from time to time.

1.5 ‘Specification’ will mean the description of the goods that is set out in the second schedule or any other description of the goods that is agreed by the parties in form of writing from time to time.

1.6 ‘Term’ will mean the period lying between the commencement dates to the time that the contract will be terminated.

1.7 ‘Year’ will mean a period composed of four quarters that are consecutive.

1.8 ‘Order’ will mean a written order on the prescribed form of the seller.

2. Recitals

2.1 The seller deals in goods

2.2 The buyer is willing to buy the products from the for the purpose of use in the business of the buyer both the parties have agreed to these terms of the agreement in relation to such kind of supplies.

3. The Contract Price

3.1 The contract price is per the list provided in schedule three and which is subject to amendment from time to time.

4. Sale of Products

4.1 Subject to the provisions of this contract, the buyer shall accept orders from the supplier to buy the products from the commencement date which will be on the start of the business2.

4.2 All the products that will be sold by the seller to the buyer will have to conform to the specifications. The parties shall form time to time during this term keep reviewing the specifications to ensure conformity and acceptance to both parties.

4.3 The seller shall be reasonable enough to ascertain completion of the sale.

5. Notices

5.1 Any notice that will be in connection to this contract will be in writing and shall be served by email, post or by hand by one party to the other by the address that is set out in this contract or at a certain address that may later be notified by one party to the other.

5.2 In case of absent evidence of early receipt, this evidence shall be deemed to be served duly

5.2.1 If delivered personally when it’s left at the address specified in clause 4.1

5.2.2 If sent by post four days after the posting

5.2.3 If sent by email on receiving

5.2.4 If by letter, four days after date of posting

5.2.5 If by delivery when left at the stipulated address

5.2.6 If by email when transmitted

Arbitration and Resolution of Disputes

The parties agree that they will make all efforts to resolve the disputes that may arise amongst them amicably and in an informal way and within 30 days from the commencement date of such kinds of negotiations the parties have been unable to resolve the disputes; either party may require reference to arbitration.

Governing Law and Jurisdiction

This agreement shall be governed by, construed and takes effect in all respect according to the ACT laws and all other relevant laws of Australia.

IN WITNESS whereof the parties hereto have made this agreement to be executed in accordance with the stipulated as above the day and year first above written

Signed by……………………………………………………………………Mr. Dale Godwin

Signed by………………………………………….……………………….. Mr. Eric Sully

WITNESSES

Name……………………………..Signature…………………………..ID…………………

In the presence of………………………………………….

FIRST SCHEDULE

The Goods

Aviary construction and materials

SECOND SCHEDULE

Specifications

Nylex Covershade, Green, 50m by 10

Telescopic Pole 5200mm, Gal Steel, T-nut type, Galvabond tubing. 89mm inner and 25mm outer tubing x 25

Allex Aluminium railing 8m by 80

Press Stud Kit Refill Newey Birch x 100

Stayput Canvas-Canvas, Double Thickness x100

Stayput fastener, Horizontal, Double Thickness x15

Brewster Double Turn Button x 100

Brewster Eyelets 400 & 400a x 100

THIRD SCHEDULE

Price list

Item Price

Nylex Covershade, Green, 50m by 10 $2,200.00

Telescopic Pole 5200mm, Gal Steel, T-nut type, Galvabond tubing. 89mm inner

and 25mm outer tubing x 25 $2,500.00

Allex Aluminium railing 8m by 80 $2,100.00

Press Stud Kit Refill Newey Birch x 100 $30.00

Stayput Canvas-Canvas, Double Thickness x100 $25.00

Stayput fastener, Horizontal, Double Thickness x15 $22.00

Brewster Double Turn Button x 100 $16.00

Brewster Eyelets 400 & 400a x 100 $16.00

Total (incl GST) $6, 909.00

References

McKendrick, Ewan Contract Law — Text, Cases and Materials (2005) Oxford University Press

Randy E. Barnett, Contracts (2003) Aspen Publishers

1
Randy E. Barnett, Contracts (2003) Aspen Publishers

2
McKendrick, Ewan Contract Law — Text, Cases and Materials (2005) Oxford University Press