Cschultes01
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- Jurisdiction
- California
SALE OF GOODS CONTRACT
This Sales of Goods Contract (this "Contract"), dated on this 1st day of August, 2021
BY AND BETWEEN:
Jeff's Sporting Goods, a business supplying sports uniforms
(the "Seller")
-AND-
Hillcrest School District, a public school district
(the "Buyer")
WHEREAS, Seller is in the business of reselling manufactured sports uniforms for use of Buyer.
WHEREAS, Buyer is a public school district, composed of 30 high schools, 40 middle schools, and 50 elementary schools, require the purchase of uniforms for a full range of sports to be worn by their students.
WHEREAS, Buyer wishes to purchase uniforms from Seller and Seller wishes to sell uniforms to Buyer.
NOW, THEREFORE, in consideration of the covenants and agreements set forth as follows in this Contract. The parties hereby acknowledge and and agree the terms of this Contract.
1. Sale of Goods. Seller shall sell to Buyer and Buyer shall buy from Seller the Goods (the "Goods") specified in the Section 1.1, pursuant to the terms and conditions set forth in this Contract. The terms and conditions shall apply to all future orders or requests for Goods issued by the Buyer in accordance with this Contract.
1.1. Description of Goods. In accordance with this Contract, the Seller will furnish the Goods in the quantities and types specified by the Buyer for purchase at the Price Rate (the "Price Rate") defined by the Seller below. The Contract defines the Goods as being newly manufactured boys basketball uniforms in assorted sizes.
· 175 pieces pairs of boys basketball shorts $15.00 each
· 350 pieces pairs of athletic socks $2.50 each
· 175 pieces pairs boys basketball tank tops $12.50 each
2. Purchase Price. As consideration for the sale of Goods on August 23rd, 2021, Buyer shall pay Seller the purchase price (the "Purchase Price") of $5,687.50.
3. Payment Terms. Buyer shall pay Seller Purchase Price within (14) days of receipt and signature of Contract.
4. Delivery of Goods/Shipping. Seller shall deliver the Goods per the terms listed below:
4.1. Date of Delivery. Seller shall deliver the Goods on August 23rd, 2021.
4.2. Location of Delivery. Seller shall deliver the Goods to the location specified by the Buyer at the Hillcrest Main Administrative Offices.
4.3. The Seller shall notify the Buyer of any delays in delivery that would affect the Date of Delivery.
4.4. Risk of Loss. The Seller assumes the responsibility for the risk of loss, damage, or delay during transit up until delivery. The title to the Goods transfers from Seller to Buyer at the time of receipt of the delivery of the Goods at the designated location, Hillcrest Main Administrative Offices on August 23rd, 2021.
4.5. Inspection of Goods. The Buyer, upon delivery of the Goods at the Delivery Location, will inspect the Goods for conformity and notify the Seller of any nonconforming or defective items within 5 business days ("Inspection Period").
4.6. Acceptance. Failure to notify Seller of non-conforming Goods within the designated 5-day inspection period constitutes irrevocable acceptance.
4.7. Rejection of Nonconforming Goods. In the event that nonconforming goods ("Nonconforming Goods") are identified during the inspection period, the Seller reserves the right to replace Nonconforming Goods with conforming Goods, refund, or credit the Purchase Price of the Nonconforming Goods to the Buyer at their sole discretion.
5. Option to Purchase Additional Goods. The Parties agree that Buyer will reserve an option to purchase ("RepurchaseOption") up to 500 items of Goods for the Price Rate described in Section 1.1 for a 30-day period following delivery of initial order.
5.1. Advance payment. Buyer will make an advance payment, in addition to initial order, to be paid to Seller within (14) days of receipt and signature of this Contract of $10,000 to secure option the to repurchase additional Goods.
5.2. Refund. In the event that the Buyer does not elect to utilize the Repurchase Option, the $10,000 advance payment, held in security for the Repurchase Option, will be refunded to Buyer.
5.3. Unused Funds. If the Buyer chooses to utilize Repurchase Option, any unused funds will be refunded to Buyer.
6. Remedies. In the event of complete nonperformance or a material breach of Contract by the Seller, the parties agree to the fair and equitable compensatory damages of $20,000 to be paid to the Buyer.
7. Exclusivity. Buyer, and all its affiliates shall not initiate, engage, or conduct business in regard to the purchasing or acquiring of athletic uniforms for the duration of this Contract unless in conjunction with Seller.
8. Warranties. Seller warrants to the Buyer;
8.1. Goods conform to the specifications described in the product description and are free of defects in materials or workmanship for the time period set forth by the manufacturer.
8.2. Nonconforming Goods will be replaced or refunded by Seller when within the manufacturer's warranty period, provided written notification is submitted within reasonable time frame.
8.3. When Goods are outside the manufacturer warranty, Seller makes no representation or warranties for third party products.
9. Entire Contract. This Contract, including all Amendments, Attachments, and Exhibits, constitutes the sole and entire Contract between the parties described herein, and supersedes all prior agreements, whether oral or written.
10. Attestations. The parties hereby agree on the 1st day of August, of the year 2021.
By: xxxxxcx, Paralegal
On behalf of Jeff's Sporting Goods, the Seller
DATE: 08/01/2021 Jeff's Sporting Goods, Seller
DATE: 08/01/2021 Hillcrest School District, Buyer
This Sales of Goods Contract (this "Contract"), dated on this 1st day of August, 2021
BY AND BETWEEN:
Jeff's Sporting Goods, a business supplying sports uniforms
(the "Seller")
-AND-
Hillcrest School District, a public school district
(the "Buyer")
WHEREAS, Seller is in the business of reselling manufactured sports uniforms for use of Buyer.
WHEREAS, Buyer is a public school district, composed of 30 high schools, 40 middle schools, and 50 elementary schools, require the purchase of uniforms for a full range of sports to be worn by their students.
WHEREAS, Buyer wishes to purchase uniforms from Seller and Seller wishes to sell uniforms to Buyer.
NOW, THEREFORE, in consideration of the covenants and agreements set forth as follows in this Contract. The parties hereby acknowledge and and agree the terms of this Contract.
1. Sale of Goods. Seller shall sell to Buyer and Buyer shall buy from Seller the Goods (the "Goods") specified in the Section 1.1, pursuant to the terms and conditions set forth in this Contract. The terms and conditions shall apply to all future orders or requests for Goods issued by the Buyer in accordance with this Contract.
1.1. Description of Goods. In accordance with this Contract, the Seller will furnish the Goods in the quantities and types specified by the Buyer for purchase at the Price Rate (the "Price Rate") defined by the Seller below. The Contract defines the Goods as being newly manufactured boys basketball uniforms in assorted sizes.
· 175 pieces pairs of boys basketball shorts $15.00 each
· 350 pieces pairs of athletic socks $2.50 each
· 175 pieces pairs boys basketball tank tops $12.50 each
2. Purchase Price. As consideration for the sale of Goods on August 23rd, 2021, Buyer shall pay Seller the purchase price (the "Purchase Price") of $5,687.50.
3. Payment Terms. Buyer shall pay Seller Purchase Price within (14) days of receipt and signature of Contract.
4. Delivery of Goods/Shipping. Seller shall deliver the Goods per the terms listed below:
4.1. Date of Delivery. Seller shall deliver the Goods on August 23rd, 2021.
4.2. Location of Delivery. Seller shall deliver the Goods to the location specified by the Buyer at the Hillcrest Main Administrative Offices.
4.3. The Seller shall notify the Buyer of any delays in delivery that would affect the Date of Delivery.
4.4. Risk of Loss. The Seller assumes the responsibility for the risk of loss, damage, or delay during transit up until delivery. The title to the Goods transfers from Seller to Buyer at the time of receipt of the delivery of the Goods at the designated location, Hillcrest Main Administrative Offices on August 23rd, 2021.
4.5. Inspection of Goods. The Buyer, upon delivery of the Goods at the Delivery Location, will inspect the Goods for conformity and notify the Seller of any nonconforming or defective items within 5 business days ("Inspection Period").
4.6. Acceptance. Failure to notify Seller of non-conforming Goods within the designated 5-day inspection period constitutes irrevocable acceptance.
4.7. Rejection of Nonconforming Goods. In the event that nonconforming goods ("Nonconforming Goods") are identified during the inspection period, the Seller reserves the right to replace Nonconforming Goods with conforming Goods, refund, or credit the Purchase Price of the Nonconforming Goods to the Buyer at their sole discretion.
5. Option to Purchase Additional Goods. The Parties agree that Buyer will reserve an option to purchase ("RepurchaseOption") up to 500 items of Goods for the Price Rate described in Section 1.1 for a 30-day period following delivery of initial order.
5.1. Advance payment. Buyer will make an advance payment, in addition to initial order, to be paid to Seller within (14) days of receipt and signature of this Contract of $10,000 to secure option the to repurchase additional Goods.
5.2. Refund. In the event that the Buyer does not elect to utilize the Repurchase Option, the $10,000 advance payment, held in security for the Repurchase Option, will be refunded to Buyer.
5.3. Unused Funds. If the Buyer chooses to utilize Repurchase Option, any unused funds will be refunded to Buyer.
6. Remedies. In the event of complete nonperformance or a material breach of Contract by the Seller, the parties agree to the fair and equitable compensatory damages of $20,000 to be paid to the Buyer.
7. Exclusivity. Buyer, and all its affiliates shall not initiate, engage, or conduct business in regard to the purchasing or acquiring of athletic uniforms for the duration of this Contract unless in conjunction with Seller.
8. Warranties. Seller warrants to the Buyer;
8.1. Goods conform to the specifications described in the product description and are free of defects in materials or workmanship for the time period set forth by the manufacturer.
8.2. Nonconforming Goods will be replaced or refunded by Seller when within the manufacturer's warranty period, provided written notification is submitted within reasonable time frame.
8.3. When Goods are outside the manufacturer warranty, Seller makes no representation or warranties for third party products.
9. Entire Contract. This Contract, including all Amendments, Attachments, and Exhibits, constitutes the sole and entire Contract between the parties described herein, and supersedes all prior agreements, whether oral or written.
10. Attestations. The parties hereby agree on the 1st day of August, of the year 2021.
By: xxxxxcx, Paralegal
On behalf of Jeff's Sporting Goods, the Seller
DATE: 08/01/2021 Jeff's Sporting Goods, Seller
DATE: 08/01/2021 Hillcrest School District, Buyer
