Free Cafe Sales Contract Template
Cafe Sales Contract
This Cafe Sales Contract ("Contract") is entered into on [Month Day, Year], between:
Seller: [Your Company Name], a [State] corporation, with its principal place of business at [Your Company Address], [City], [State], [Zip Code], represented by [Your Name], [Title].
Buyer: [Your Client Name], with its principal place of residence at [Your Client Address], [City], [State], [Zip Code].
1. Sale of Goods
1.1 [Your Company Name] agrees to sell and [Your Client Name] agrees to purchase the following cafe-related goods and equipment (the "Goods"):
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Espresso Machine (Model: XYZ123) - Quantity: 1
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Specifications: Semi-automatic espresso machine with 15-bar pump pressure, stainless steel construction, and built-in steam wand for frothing milk.
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Coffee Grinder (Model: ABC456) - Quantity: 1
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Specifications: Commercial-grade grinder with adjustable grind settings, large hopper capacity, and durable stainless steel burrs.
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Commercial Blender (Model: BLN789) - Quantity: 1
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Specifications: High-performance blender with multiple speed settings, pulse function, and shatterproof container.
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1.2 The Goods shall be delivered to the Buyer in good working condition and in accordance with the specifications provided above.
1.3 The Buyer acknowledges that the Goods are used and may show signs of wear and tear consistent with their age and prior use, but are guaranteed to be fully functional and fit for their intended purpose.
1.4 The Seller warrants that it has good and marketable title to the Goods, free and clear of any liens, encumbrances, or claims of third parties.
1.5 The Buyer acknowledges that it has had the opportunity to inspect the Goods and is satisfied with their condition and specifications.
1.6 The Buyer agrees to purchase the Goods for the total purchase price of$[0], payable in accordance with the terms set forth in Section 2 of this Contract.
2. Purchase Price
2.1 The total purchase price for the Goods shall be $[0] , payable as follows:
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[0]% deposit upon signing ($[0])
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[0]% upon delivery ($[0])
2.2 The Buyer agrees to pay the total purchase price in accordance with the payment terms specified above. Failure to make any payment when due shall constitute a material breach of this Contract.
2.3 All payments shall be made in US dollars by [check] to [Your Company Name] at [Your Company Address] or such other place as the Seller may designate in writing.
2.4 In the event of late payment, the Buyer shall pay interest on the overdue amount at the rate of [0]% per annum, calculated from the due date until the date of payment in full.
3. Delivery
3.1 The Seller, [Your Company Name], shall deliver the Goods to the Buyer, [Your Client Name], at the following location:
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[Your Client Address]
3.2 Delivery shall be made on or before [Month Day, Year].
3.3 The Seller shall bear all costs and risks associated with the delivery of the Goods to the Buyer, including but not limited to transportation, insurance, and customs duties (if applicable).
3.4 The Buyer shall inspect the Goods upon delivery and notify the Seller immediately of any defects, damages, or discrepancies. Failure to notify the Seller within [0] days of delivery shall constitute acceptance of the Goods.
4. Title and Risk of Loss
4.1 Title to the Goods shall pass to the Buyer upon delivery. "Delivery" shall be deemed to occur when the Goods are tendered for delivery at the address specified in Section 3 of this Contract.
4.2 Risk of loss or damage to the Goods shall pass to the Buyer upon delivery. The Buyer is responsible for insuring the Goods against loss or damage from the time of delivery.
4.3 If the Buyer fails to take delivery of the Goods or fails to give adequate delivery instructions, the Seller may store the Goods at the Buyer's expense. In such case, the risk of loss or damage to the Goods shall pass to the Buyer upon the Seller's tender of the Goods for delivery.
4.4 In the event of loss or damage to the Goods during delivery, the Buyer shall promptly notify the Seller and provide all necessary documentation to support any claim for loss or damage. The Seller shall cooperate fully with the Buyer in processing any claim with the carrier or insurer.
4.5 Notwithstanding any provision to the contrary, the Seller's liability for loss or damage to the Goods shall not exceed the purchase price of the Goods.
5. Inspection and Acceptance
5.1 The Buyer, [Your Client Name], shall have [0] days from the date of delivery to inspect the Goods and notify the Seller, [Your Company Name], of any defects or non-conformities.
5.2 If the Buyer fails to notify the Seller within the specified period, the Goods shall be deemed accepted in their delivered condition.
5.3 If the Buyer notifies the Seller of any defects or non-conformities within the specified period, the Seller shall, at its option, either replace the defective or non-conforming Goods or refund the purchase price of the defective or non-conforming Goods.
5.4 The Seller shall not be liable for any defects or non-conformities in the Goods that result from improper use, maintenance, or handling by the Buyer or any third party.
6. Warranties
6.1 The Seller, [Your Company Name], warrants that the Goods shall:
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Conform to the specifications set forth in this Contract;
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Be free from defects in materials and workmanship; and
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Be fit for the ordinary purposes for which such Goods are used.
6.2 The Seller's warranties shall remain in effect for a period of [1 year] from the date of delivery. During the Warranty Period, the Seller shall, at its option, either repair or replace any defective or non-conforming Goods or refund the purchase price of the defective or non-conforming Goods.
6.3 The Buyer's sole remedy for any breach of the Seller's warranties shall be as set forth in this Section 6. The Seller shall not be liable for any incidental, consequential, or punitive damages arising out of or in connection with any breach of warranty.
6.4 The warranties set forth in this Section 6 are in lieu of all other warranties, express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose.
7. Limitation of Liability
7.1 The Seller's liability under this Contract shall be limited to the purchase price of the Goods.
7.2 In no event shall the Seller be liable for any incidental, consequential, indirect, or punitive damages arising out of or in connection with this Contract, including but not limited to loss of profits, loss of business, or loss of data.
7.3 The limitations of liability set forth in this Section 7 shall apply whether or not the Seller has been advised of the possibility of such damages and irrespective of the theory of liability, including contract, tort, or strict liability.
8. Governing Law and Jurisdiction
8.1 This Contract shall be governed by and construed in accordance with the laws of the State of [State], without regard to its conflict of law principles.
8.2 Any dispute arising out of or in connection with this Contract, including any question regarding its existence, validity, or termination, shall be subject to the exclusive jurisdiction of the courts of the State of [State].
8.3 The parties hereby waive any objection to such jurisdiction and venue and agree to submit to the jurisdiction of such courts.
IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the date first above written.
[Your Company Name]
By:
[Title]
[Your Company Name]
[Month Day, Year]
[Your Client Name]
By:
[Full Name]
Client