This Business Contract (the “Contract”) is made effective on the [Date Ordinal Number] day of [Month], [Year], by and between [Name 1] of [Address 1 including City, State, and Zip Code] and [Name 2] of [Address 2 including City, State, and Zip Code]. These parties have willingly agreed to enter into this Contract for the purposes set forth and made part of this Contract, on the following terms and conditions:
Purpose of the Contract
1. [Name 1] agrees to [sell goods specified/sell business specified/complete work specified]. [Name 2] agrees to [purchase goods specified/purchase business specified/receive completed work] from [Name 1].
DESCRIPTION QUANTITY UNIT PRICE PRICE
[Name of product/business/work] [Quantity of
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Payment
7. [Name 1] will provide an itemized invoice for [Name 2] within [Number] days of delivering or transferring the [products/business/work].
8. [Name 2] shall make payment to [Name 1] in the amount of [Sum Total] within [Number] days from the receipt and acceptance of the invoice for [Goods/Business/Work].
9. A payment discount of [Percentage] percent applies of payment is made within [Number] days of invoice being received.
10. Payments to [Name 1] will be made in full as agreed, without any deductions for taxes.
11. If [Name 2] does not provide payment within the number of days specified, interest of [Percentage] percent per year, or the maximum amount allowable by law, is added to and payable on the overdue amount, whichever is less. [Name 2] will pay all collection costs, including without limitation, reasonable attorney fees.
12. In addition to any other right or remedy provided by law, if [Name 2] fails to provide payment, [Name 1] may consider this a material breach of the Contract. [Name 1] can cancel this Contract and/or seek legal remedies.
Intellectual Property
13. The business retains ownership of any data, information, or intellectual property disclosed in connection with this Agreement. This intellectual property may be used by either party in accordance with the license terms:
a. Intellectual property can be used in connection with the services, for the purpose for which products were originally purchased
b.
5. No because the amount of the invoice fluctuates for the same product in this type of scheme and therefore it would be difficult to figure out how much the invoice should have been made out for.
Sales invoices are prepared in batches on a daily basis using numbered sales invoices. Sales invoice numbers are automatically generated by the company’s computer system. The accounts receivable clerk does not have appropriate computer rights to override the computer-generated invoice number. Upon preparing sales invoices, the accounts receivable clerk verifies that the first invoice number of the batch is consistent with the last invoice number of the previous batch. Inconsistencies or skipped sales invoice numbers are investigated and resolved before new sales invoices are prepared. The items shipped are compared to the items billed for proper quantity, price, and other sales order terms.
iii. The three launch payments fit the before stated criteria of substantive payments. The contract signing payment and negotiation payment do fit the criteria because these payments are not proportionate to the vendor’s performance, do not relate solely to past performances, and are not “reasonable relative” to all of the deliverables and payment terms.
8. When is a buyer considered to have accepted performance regarding goods that are delivered pursuant to a contract?
g. On December 31, 2012, the company completed the work on a contract for an out-of-province company for $7,900 payable by the customer within 30 days. No cash has been collected and no journal entry has been made for this transaction.
Contracts are an important part of everyday life. They are an essential part of business. As a student of a business law class, I will discuss in this paper several aspects of contracts. This paper will give a definition of a contract and the essential elements necessary to form a valid contract. It will briefly discuss breach of contract and the difference between a material breach and a nonmaterial breach of contract. Examples of legal and equitable remedies available for breach of contracts will be highlighted. Also, legal excuses for nonperformance or other grounds for discharge of contracts will be addressed. Finally, three types of common contracts personally and professionally encountered will be mentioned.
If Seller fails to comply with this contract for any other reason, Seller will be in default and Buyer may, as Buyer's sole and exclusive remedy, terminate this contract and receive from Seller the deposit, thereby releasing both parties from the contract.
Tax invoice These are items that you are not responsible for – the assumption is that someone else will do them.
WHEREAS, CLIENT wishes to obtain the professional services offered by M2 DIGITAL MEDIA GROUP; and WHEREAS, M2 DIGITAL MEDIA GROUP wishes to provide professional services to CLIENT under the terms and conditions set forth in this Agreement; NOW, THEREFORE in consideration of the mutual promises and covenants contained herein, the parties agree as follows:
Contracts are an integral part of our everyday life and play as important role in our personal and business lives. In order to deal effectively with promises provided in the business world, a legal framework is needed. Basically, a contract is a promise or set of promises, for which the law provides a remedy if a party breaches or failing to perform. In order to form a contract, four basic elements are needed: an agreement, bargained-for consideration, legal capacity to enter into the contract and a legal purpose consistent with law and public policy. The case Michelle M. Nichols v Century West, LLC et al. below described how the contract is important in business and the promises enforceable in court.
IN CONSIDERATION OF THE COVENANTS and agreements contained in this Sales Agreement the parties to this Agreement agree as follows:
d. Trace the date, check number, and amount of outstanding item – Occurrence & Completeness. (AU-C 315.A114 a.i-ii)
* “Members shall establish the nature and purpose of any contractual relationship at the outset and will be responsive and available to organizations and their employing organizations before, during and after any sale of materials and/or services.”
Contracts are used in many different forms and for just as many different situations within our everyday lives. Some contracts are more involved than others and for some; contracts are an essential of their success. As we continue, we will take a look at different types of contracts with the main focus on enforceable contracts. With so many elements that are incorporated into any contract, the six essential elements of enforceable contracts will be the main focus of this writing. Having a clearer understanding of the essentials of life will help prepare us for life’s curves that may come our way.
Introduction: In this assignment I will go over a few legal terms in relation to contract law. I will also talk about a few precedents that help explain the law.