Distribution services are usually pressed for time to conclude potential transactions and must be able to immediately provide an offer or order form to the interested party. If distribution users are not sure which models to use and the extent to which clauses can be changed, the risk of accepting terms that do not comply with internal guidelines increases. On the other hand, the legal department receives a large amount of similar requests from the sales team, which can result in a considerable workload without a standardized process. In the absence of a written sales contract, certain warranties relating to the goods may apply either automatically or not at all. Warranties are legally enforceable commitments or warranties that assure the buyer that certain facts or conditions regarding the goods are accurate. According to the Commercial Uniform (UCC), there are two types of warranties – explicit warranties and implied warranties. Explicit warranties: An explicit warranty is a confirmation statement by the seller about the quality and characteristics of the goods. An example of an express warranty is an electronics dispenser that tells a customer, “We guarantee your newly purchased TV against defects for three years. If you draw our attention to a defect, we will replace or repair it. However, an explicit warranty can be established even if the seller does not intend to create one. If the sales contract contains a description of the goods on which the buyer relies when purchasing, an explicit guarantee is made that the goods correspond to this description. When the seller makes available to the buyer a model of the goods, an explicit guarantee is made that the goods conform to the model. A written agreement allows both the seller and the buyer to clearly indicate which explicit warranties may apply to the goods.
The Fraud Act requires that contracts for the sale of goods be in writing at a price of $500 or more to be enforceable. In any case, you should make sure that you have a written agreement to make sure things go smoothly until the money and goods have been exchanged, and you and the other party will want to know what to do when it comes on the way to hiccups. This agreement can be used for a number of merchandise sales, from small purchases to large-scale contracts….