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Terms Of Sale Agreement
"I need a Terms of Sale Agreement for my Australian e-commerce business that sells electronic components to both retail and wholesale customers, with specific provisions for international shipping and returns policy that will take effect from January 2025."
1. Parties: Identification of the seller and buyer, including full legal names, ABN/ACN, and registered addresses
2. Background: Context of the agreement and brief description of the business relationship
3. Definitions: Detailed definitions of key terms used throughout the agreement
4. Order Process: Procedures for placing, accepting, and fulfilling orders
5. Pricing and Payment Terms: Details of pricing, payment methods, payment terms, and late payment consequences
6. Delivery and Risk: Terms regarding delivery, shipping, transfer of risk, and acceptance of goods
7. Title and Property: Provisions regarding transfer of title and retention of title until full payment
8. Returns and Refunds: Policies and procedures for returns, refunds, and damaged goods
9. Warranties and Consumer Guarantees: Mandatory warranties under Australian Consumer Law and any additional warranties
10. Limitation of Liability: Limitations on seller's liability in compliance with Australian Consumer Law
11. Termination: Circumstances and processes for terminating the agreement
12. General Provisions: Standard legal provisions including governing law, notices, and entire agreement
1. Credit Terms: Include when offering credit facilities to buyers, detailing credit limits and conditions
2. Intellectual Property: Include when products involve IP rights or licensed materials
3. Consignment Terms: Include for consignment sale arrangements
4. International Sales Provisions: Include for international sales, covering Incoterms and cross-border requirements
5. Product Specifications: Include when selling technical or specialized products requiring detailed specifications
6. Minimum Order Requirements: Include when establishing minimum order quantities or values
7. Reseller Terms: Include when products are sold through resellers or distributors
8. Force Majeure: Include when specific provisions for unforeseen circumstances are needed
1. Schedule 1 - Price List: Current pricing for products or services, including any volume discounts
2. Schedule 2 - Product Specifications: Detailed technical specifications and requirements for products
3. Schedule 3 - Delivery Terms: Specific delivery timeframes, costs, and requirements by region or product type
4. Schedule 4 - Returns Procedure: Detailed process for handling returns, including required documentation
5. Schedule 5 - Service Level Agreement: Performance metrics and service standards if applicable
6. Appendix A - Order Form Template: Standard form for placing orders
7. Appendix B - Warranty Certificate: Details of product warranties and claim procedures
Authors
Retail
Manufacturing
Wholesale Trade
E-commerce
Consumer Goods
Industrial Equipment
Technology
Automotive
Food and Beverage
Construction Materials
Electronics
Pharmaceuticals
Furniture and Home Goods
Textiles and Apparel
Agricultural Products
Mining Equipment
Medical Supplies
Chemical Products
Legal
Sales
Commercial
Operations
Finance
Compliance
Risk Management
Customer Service
Supply Chain
Business Development
Contract Administration
Procurement
Sales Manager
Commercial Director
Legal Counsel
Compliance Officer
Business Development Manager
Operations Manager
Contract Administrator
Chief Financial Officer
Account Manager
Procurement Manager
Supply Chain Manager
General Counsel
Risk Manager
Chief Commercial Officer
Sales Operations Manager
Customer Service Manager
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