Comprendre et expliquer le contrat de vente et de services est une tâche difficile. La tâche est d’autant plus ardue que les personnes à qui vous l’expliquez ne maîtrisent pas forcément le français. Cet article vous fournira de nombreuses ressources pour le faire en anglais. Certains mots sont surlignés en gras, afin de vous aider à améliorer votre vocabulaire dans ce domaine. Une traduction de ces mots est fournie à la fin de l’article.
What is a Contract for the Sale of Goods?
Like any contract there are specific conditions and legal requirements that need to be adhered to, and a contract establishing the sales of goods and services is not exempted from this. A contract for the sale of products is an agreement in which one party (the seller) agrees to supply a product to a different party (the buyer) for a certain price. This contract is primarily concerned with the transfer of ownership of tangible and intangible property and excludes service contracts. While delivery requirements are frequently placed on the buyer, a delivery requirement could also be specified in the sales contract. https://codes-et-lois.fr/code-civil/article-1582
Contract for the Sale of Goods: Validity Conditions
A contract for the sale of goods must fulfil specified conditions regarding both its content and the parties involved in order to be legally binding.
Specific Sales Contract Conditions:
A sales contract is created when the parties agree on the goods and its price, making an oral agreement legally enforceable. However, due to the possible event of a dispute, it is best to have the agreement in writing.
A sales contract is formed through the acceptance of the price, so a price must be agreed between both contracts before it can be imposed.
It is important that the contract’s content must be clear and concise. It must correspond to legal norms and must not leave room for misinterpretation.
Conditions Relating to Person Quality:
It is essential that all parties involved must offer their approval without error, deception, or pressure.
Where there appears to be errors with consent, and these errors concern essential aspects of the contract, the contract is to be rendered void.
A contract can be invalidated if a fraud has occurred or if important information has been omitted.
All parties entering the contract must be of legal age.
What you need to know to write a sales of goods contract
Here are some important things to remember when you are drafting a contract for the sales of goods.
- It is important to identify all parties that are involved in the contract.
- A thorough explanation of the subject is required to give clarity in regards to the activity taking place.
- Specifying the contract’s duration and date is necessary, as this gives a clear indication of the length of the agreement
- All parties’ signatures are required to give validity to the contract and this is proof of both parties agreement to the terms.
Here are some examples of stipulations that can be included in the contract:
- A delivery obligation clause could be included in the contract, this would require that the vendor is required to deliver the items to the buyer.
- A retention of title provision could also be included to protect the vendor’s rights, this stipulation would confirm the vendor’s ownership until full payment is received.
- A penalty provision can also be included, this stipulation would imposes a specific payment in the event of a violation of the contract and serves to protect the interests of the wronged party.
How the Sales of Goods Contract Can Be Terminated
Generally, a contract binds the vendor and buyer once they agree on a price. Contractual duties that are not met may result in legal responsibility and damages. However, there are provisions for contract termination; you can visit https://www.legalstart.fr/fiches-pratiques/relations-commerciales/droit-retractation-entre-professionnels/ for a detailed explanation on some of these provisions.
Termination of contract between professionals: If the contract is outside of their core business activity and the firm has less than five workers, professionals may terminate it within 14 days of receipt.
Termination of Consumer Relations: It is important to differentiate between online and in store purchases.
Consumers typically enjoy a 14-day withdrawal period from the day of delivery for online purchases.
In-store purchases normally do not have a right of return. Nevertheless, professionals may issue refunds or exchanges under certain situations and deadlines.
Differentiating between Goods and Services Contracts:
Contracts for goods mainly deal with ownership of stock or property
Contracts for the sales of services are generally long-term and involve the performance of a task in return for a fee.
In the service industry, subcontracting entails one business employing another for specialised activities.
Regulation of contracts between service providers and clients.
Unlike contracts for the sales of goods, contracts between service providers and clients are mainly concerned with work completion rather than the transfer of goods or property. It is often expected for contracts worth over €5,000 that customers occasionally verify a service provider’s compliance with social and tax obligations. Non-compliance of regulations can lead to penalties, tax payments, and aid reimbursement.
Written Agreements for contracts of sales and services are also essential:
While not mandatory it is advisable to have written service contracts in place to help prevent potential disputes.
Contracts should include quotes detailing services, prices, and execution dates clarify terms and protection for both parties interests. It is important to note that failure to adhere to consumer law in quotes may result in fines.
Additional resources concerning contracts for the sales of services are readily available at https://www.captaincontrat.com/contrats-commerciaux-cgv/contrats-commerciaux/contrat-de-prestation-de-services-clauses-obligations-me-berberian’
Traduction des mots surlignés
Delivery – Livraison
Fulfil – Remplir
Deception – Tromperie
Drafting – Rédaction