If you do not have a sales contract, you may not understand your contractual rights and obligations, the economic consequences of the risks, and the remedies and protections you legally have. This agreement provides a solid foundation and framework for all stages of an otherwise complex process and provides ways to address and correct them in the event of a problem. A successful individual or business needs to maximize profits by anticipating the biggest sales periods and knowing how many stocks it takes to meet demand. In the absence of a sales contract, you or your company may not be able to sell or guarantee inventory at the best prices because they do not maximize profits. For certain sales contracts, i.e. those entered into a location that is NOT the seller`s permanent head office, the buyer has the legal right to terminate the contract until midnight on the third business day following the sale. More information about this “cooling time” can be found in your national laws and with the Federal Trade Commission. Once you`ve finally opened your own little widget store, you should start making a profit. On a larger scale, maybe you`re a wine merchant looking for a long-term, high-flying contract with a chain of restaurants, and want to maximize your earnings on a popular specialty wine right now. Or maybe you`re a widget connoisseur who wants to buy widgets for your collection, or a local restaurant that`s trying to expand your wine list and your selection. If you know that you want to buy or sell certain goods, but you have not agreed to all the details or are not ready to sign a sales contract, you can first sign a letter of intent to outline the terms and the negotiation agreement.
Explicit guarantees: An explicit guarantee is a positive statement from the seller about the quality and characteristics of the merchandise. An example of an express warranty is an electronics distributor that tells a customer, “We guarantee defects to your newly purchased TV for three years. If you tell us there is a defect, we will replace it or fix it. However, an explicit guarantee can be created even if the seller does not intend to establish one. If the sales contract has a description of the products that the buyer relies on at the time of purchase, an explicit guarantee is made that the merchandise complies with that description. When the seller makes a sample of the merchandise available to the buyer, an explicit guarantee is made that the merchandise matches the sample. A written agreement allows both the seller and the buyer to clearly state the explicit guarantees that apply to the merchandise if necessary.