Sample sales agreement with prepayment. Agreement for the purchase and sale of goods (100% prepayment, with the condition that payment in kind can be made). How to draw up a purchase and sale agreement with prepayment
When one party transfers the ownership of goods to another, a contract of sale. Download the form and sample available for free on this page.
IN Civil Code Listed are the cases when a written agreement is needed:
- if the cost of the goods is more than 10 thousand rubles,
- if a contract for the sale of goods is concluded between a legal entity and an individual,
- if there is a sale of real estate.
Standard contract for the sale and purchase of goods: sample
The contract notes important points for the transaction. Do not write too much, so as not to overload the document with unimportant information. . Basically it states:
- date of signing,
- place of composition,
- full details of the parties to the transaction,
- information about the product: characteristics, cost, etc.
- all about payment
- rights and obligations of the parties,
- ways to resolve disputes,
- details of the parties and their signatures and seals.
Use our purchase and sale agreement form - a simple version can be supplemented with any clauses if necessary. Next, we will consider the most popular types of contracts.
Agreement for the sale and purchase of goods between legal entities: sample
All sales and purchase agreements concluded by legal entities must contain a clause on the cost of the transaction. If it is not there, the document will be considered invalid.
Sales and purchase agreement between individuals: sample
In a contract for the sale and purchase of goods between individuals, it is necessary to indicate the full names, addresses, passport and contact information of the parties to the transaction.
Print the purchase and sale agreement form
The MyWarehouse service has a special section for contracts: you can create documents, keep records of them, track amounts and deadlines for them. You can create your own templates and use them to quickly print contracts for your clients: the details will be filled in automatically.
The register of contracts can be configured as convenient. For example, if you link an agreement to acceptance, shipment and payment documents, the list will show what has been completed and what has been paid.
Depending on the specifics of the business, other types of goods purchase and sale agreements will be required:
- with prepayment,
- in installments,
- retail,
- used,
- for implementation.
Let's consider each option in more detail.
Agreement for the purchase and sale of goods with prepayment
A contract for the sale and purchase of goods with prepayment must contain a clause stating that the buyer undertakes to pay for the purchase in full or in part before transferring the goods. Payment must be made within the period specified in the contract.
Prepayment can be of several types:
- full - is the full cost of the transaction,
- partial (advance) - agreed in advance fixed amount or percentage,
- revolving - carried out when the supply of goods occurs regularly over a long period of time.
Prepayment is a common condition of the transaction, so it is convenient when the process is automated. For example, in an accounting system like MoySklad, we can accept prepayments from customers. You can pay the full or partial cost of the goods. After making an advance payment, the client can pick up the purchase or return the money. The option works both in and in . Thus, creating an agreement with prepayment is easy - you will see all orders with this form of payment.
Agreement for the purchase and sale of goods with installment payment: sample
An installment purchase agreement for goods is an agreement in which payment is not made full amount, but in parts. Most often, such a document is drawn up when purchasing on credit.
Sales and purchase agreement for the sale of goods: sample
A purchase and sale agreement for the sale of goods is essentially the same as a commission agreement for the sale of goods. But there is one important difference. Under a commission agreement, ownership does not pass to the commission agent. If you need a sales and purchase agreement for sale, download it here.
The parties must agree on payment methods and terms. For example, this could be a weekly transfer or for the entire batch at once.
Retail purchase and sale agreement: sample
Under a retail purchase and sale agreement, the seller transfers goods to the buyer exclusively for non-commercial purposes. This could be personal, family, home or any other non-business use.
The seller under such an agreement can be both an individual and a legal entity that sells retail. The buyer can also be a legal entity, but it does not have the right to use the purchased goods for business activities.
Purchase and sale agreement for used goods
It is important to draw up a contract for the sale and purchase of used goods in such a way that the buyer cannot later make a claim. For example, add a clause stating that the buyer examined the product before purchasing and agrees with its condition and characteristics. If you miss it, the buyer may demand a price reduction or refuse to fulfill the contract altogether.
We are selling goods to a legal entity registered in Belarus, what document do we need to issue?You need a contract for the international sale of goods. Russian participants such a transaction may be a legal entity or individual entrepreneur located in Russia. International sales and purchases also include the supply of goods sold - this point must be specified in the contract.
Along with the contract, we need to draw up an act of acceptance and transfer of goods, how to do this correctly?You need to fill out an annex to the goods purchase and sale agreement. In this way, you can attach any other documents to the main one. For example, delivery schedules or price lists.
And you can download the current 2020 purchase and sale agreement form for free.
We took a simple standard form as a sample purchase and sale agreement between an LLC and an individual. Is it possible to do this or is there a special form of agreement?
Can. There is no special form for such an agreement; you can add your own clauses to standard document, for example, in ours.
We need a sample purchase and sale agreement between an individual entrepreneur and a legal entity, are there any nuances in it?
No. You can take a regular standard contract, but do not forget to indicate your passport details in it individual entrepreneur. You can download a contract for the sale and purchase of goods (sample 2020) for free.
AGREEMENT FOR PURCHASE AND SALE OF GOODS (100% ADVANCE PAYMENT, WITH THE CONDITION OF THE POSSIBILITY OF SETTLEMENT IN NON-CASH)
_______________ "_____"___________20___
_____________________________________________________________________________,
(name of enterprise, organization)
hereinafter referred to as ____ “Seller” represented by ______________________________________________________________________________,
(position, full name)
acting___ on the basis of _____________________________________________________,
on the one hand, and Audit organization Foros Audit LLC, hereinafter referred to as the Buyer, represented by General Director Vasilyeva E.V., acting on the basis of the Charter, on the other hand, hereinafter referred to as the “Parties”, have entered into this agreement (hereinafter referred to as the “Agreement”) as follows:
- SUBJECT OF THE AGREEMENT
1.1. The Seller undertakes to transfer ownership to the Buyer, and the Buyer undertakes to accept and pay for the following goods: _____________________________________________________,
(indicate the name, characteristics of the product)
1.2. The goods under this Agreement are transferred in quantity _______________________________________________________________________________.
(indicate the quantity or order of its determination)
- RIGHTS AND OBLIGATIONS OF THE PARTIES
2.1. The seller undertakes:
2.1.1. Transfer the Goods to the Buyer within the time frame and in the manner provided for in this Agreement.
2.1.2. Transfer the Goods, the quality of which must correspond to _______________________________________________________________________________.
(specify regulations, standards and other requirements for the quality of the Product)
2.1.3. Simultaneously with the delivery of the Goods, hand over to the Buyer the following accessories and documents: ___________________________________________________.
(technical certificate, quality certificates, operating instructions and other documents)
2.2. The buyer has the right:
2.2.1. Accept the Goods, except in cases where he has the right to demand replacement of the Goods or refuse to fulfill this Agreement.
2.2.2. Pay for the Goods on time and in the manner provided for in this Agreement.
2.3. If the Seller refuses to transfer the sold Goods to the Buyer, the Buyer has the right to refuse to fulfill this Agreement.
2.4. In case of transfer of Goods of inadequate quality, the Buyer has the right, at his own discretion, to demand:
- proportionate reduction in price;
- gratuitous elimination of deficiencies within the period agreed upon by the Parties, but not more than ______________ from the date ______________________;
- reimbursement of their expenses for eliminating defects of the Product.
2.5. In the event of a significant violation of the requirements for the quality of the Goods (detection of irreparable defects, defects that cannot be eliminated without disproportionate costs or time, or are detected repeatedly, appear again after their elimination, and other similar defects), the Buyer has the right, at his choice:
- refuse to fulfill the Agreement and demand a refund of the price paid;
- demand replacement of Products of inadequate quality with Products that comply with the Agreement.
- PRODUCT PRICE AND PAYMENT PROCEDURE
3.1. The price of the Goods transferred under this Agreement is ________ (_____________) rubles.
3.2. The Buyer makes an advance payment for the price of the Agreement specified in clause 3.1 of the Agreement by “___”___________ ____.
3.3. Payment is made by transferring cash by the Buyer Money To the seller.
3.4. The parties have agreed that payment of the price of the Agreement may be made not in cash, namely: ________________________________________________________________________________.
(indicate what property can be transferred as payment, in what quantity, as well as other terms of payment by agreement of the Parties)
3.5. The date of payment is the date of transfer by the Buyer of cash to the Seller or the date of transfer by the Buyer of property to the Seller in accordance with clause 3.4 of this Agreement.
- TRANSFER AND ACCEPTANCE OF GOODS
4.1. The goods are transferred by the Seller at the Buyer’s location at the address: _______________________________________________________________________________.
4.2. The Seller delivers the Goods to the Buyer independently and at his own expense.
4.3. The goods must be handed over to the Buyer by “___”___________ ____.
4.4. Upon acceptance of the Goods, the Buyer inspects the Goods and checks for compliance with the terms of this Agreement on quantity and quality.
The Goods are considered accepted from the moment the Goods acceptance certificate is signed.
4.5. Ownership of the Goods and the risk of accidental loss transfers from the Seller to the Buyer from the moment the Goods are accepted by the Buyer (clause 4.4 of this Agreement).
From this moment, the Seller is considered to have fulfilled its obligation to transfer the Goods.
- RESPONSIBILITY OF THE PARTIES
5.1. For violation of the deadline for payment of the price of the Agreement, provided for in clause 3.2 of this Agreement, the Seller has the right to demand from the Buyer payment of a penalty in the amount of _____% of the amount not paid on time for each day of delay.
5.2. For violation of the deadline for transfer of the Goods provided for in clause 4.3 of this Agreement, the Buyer has the right to demand from the Seller payment of a penalty in the amount of _____% of the price of the Goods not transferred on time for each day of delay.
5.3. For violation by the Seller of the deadline for free elimination of defects in the Product established by clause 2.4 of this Agreement, the Buyer has the right to demand from the Seller payment of a penalty in the amount of _____% of the price of the relevant Product.
5.4. For violation of other obligations under this Agreement, the Parties bear liability established current legislation Russian Federation.
- SETTLEMENT OF DISPUTES
6.1. All disputes or disagreements arising between the Parties under this Agreement or in connection with it shall be resolved through negotiations between the Parties.
6.2. If it is impossible to resolve disagreements through negotiations, they are subject to consideration in ______________________________ court in the manner established by the legislation of the Russian Federation.
- OTHER CONDITIONS
7.1. This Agreement comes into force from the moment it is signed by the Parties and is valid until the Parties fully fulfill their obligations under it.
7.2. Any changes and additions to this Agreement must be in writing and signed by both Parties.
7.3. The Agreement may be terminated by agreement of the Parties or on other grounds provided for by the current legislation of the Russian Federation.
7.4. In all other respects not provided for in this Agreement, the Parties will be guided by the current legislation of the Russian Federation.
7.5. This Agreement is drawn up in two copies, one for each of the Parties.
- ADDRESSES AND DETAILS OF THE PARTIES
Whether an advance will be paid under the terms of the contract largely depends on the customer’s decision. To accept it, the customer needs to foresee the consequences not only of his actions, but also of the supplier.
According to the law, the seller’s (or customer’s) willingness to pay money even before the contract is executed is his voluntary decision, and not an obligation. But if you include such a condition in the contract, the customer acquires an obligation to make an advance payment before the transaction is executed.
The amount of the advance payment is established by several documents, which will be discussed in this article.
Based on Articles 487, 711, 781 of the Civil Code of the Russian Federation, payment obligations can be fulfilled in full or in part. In the second case, the customer will be able to make the final payment after the supplier has successfully completed the contract.
Advances in the law on the contract system
Advance payments under 44-FZ in 2018 are the right, but not the obligation of the customer, and are determined by him independently, based on feasibility and budgetary restrictions. The amount may exceed 30% of the initial (maximum) contract price (NMCP), and for recipients of federal budget money it is established limit value depending on the allocated funds limits.
The amount of security for the performance of the contract is increased to the amount of the advance in cases where the amount of security determined by 44-FZ is lower than the amount of the advance established by the customer.
If the customer has decided to make an advance, he should pay this condition into the contract (Part 13, Article 34 44-FZ) and determine the amount of the advance and the period for its payment. Failure to indicate the payment deadline may be considered a violation.
Advantages and disadvantages
The decision to conduct tenders with an advance payment has both positive and negative sides for the customer. By making an advance, it gives the supplier a real opportunity to pre-order the necessary products. With this money, the contractor can also purchase related Consumables and make payment to the desired subcontractor, and not to the one selected on a residual basis.
But at the same time, the risk of losing the contract increases. Unscrupulous supplier may receive an advance, but fail to fulfill the obligations stipulated by the contract. In this case, it is the size of the payment that may influence the supplier's decision to neglect liability. For negligent suppliers, punishment is provided in the form of penalties, fines and entry of information into the register of unscrupulous suppliers.
Limitations when determining the amount of the advance
For organizations receiving funds federal budget There are restrictions within the established sizes. The conditions were put into effect by Government Decree No. 1551 dated December 30, 2016. Advance payments are provided for budgetary institutions in 2018 on the following basis:
- no more than 30% of the NMCC for the supply of goods, performance of work and provision of services;
- from 30 to 80% of the NMCC for research and development work aimed at import substitution of technological products, subject to the transfer of an advance to the accounts Central Bank and with reliable justification;
- over 30% of the NMCC (except for those specified in the previous paragraph), subject to the transfer of an advance to the accounts of the Central Bank for transactions with funds of organizations outside the budget process;
- up to 100% of the NMCC for the provision of communication services, subscription to printed publications, advanced training, examination project documentation and engineering test results, inspection estimated cost capital construction projects, purchasing vouchers for sanatorium and resort treatment, carrying out fire-fighting activities;
- up to 30% from NMCC up to 600 million rubles for construction, reconstruction, and major repairs;
- from 30 to 70% from NMCC over 600 million rubles for construction, reconstruction, and major repairs.
Please note that when agreeing on the payment of an advance payment to the customer, it is necessary to provide for the condition that subsequent payment under the agreement (government contract) is made after confirmation of the delivery of goods (performance of work, provision of services) in the amount of advance payments made.
List of goods and services the purchase of which does not require an advance payment
For organizations that receive federal budget funds, advance conditions are not provided for the supply of certain goods and services according to the list established by the government (Government Order No. 21-r dated January 16, 2018). Among other things, the list includes:
- underwear, clothes;
- printing paper, stationery;
- computers, telephone equipment;
- cars;
- some services;
- other.
Agreement for the purchase and sale of goods on the terms of advance payment
_______________________ "__" ___________ ____ year
(place of conclusion of the contract) (date of conclusion of the contract)
In the person of _____________________,
hereinafter "Buyer", on the one hand and
In the person of ____________________,
(full name legal entity) (full name, position)
acting on the basis of __________________________________, referred to in
(Charter, Regulations, Power of Attorney)
hereinafter referred to as the “Seller”, on the other hand, and together referred to as the “Parties”,
have entered into this agreement as follows:
1. The Subject of the Agreement
1.1. Under this agreement, the Seller undertakes to transfer the goods to
property to the Buyer, and the Buyer undertakes to accept this product and
pay a set price for it.
The name, quantity and range of goods are determined in
specification, which is annex to this agreement.
2. Obligations of the Parties
2.1. The seller is obliged:
2.1.1. transfer to the Buyer the goods provided for in this agreement
rum, of appropriate quality, in quantity and assortment agreed upon
by the parties;
2.1.2. simultaneously with the transfer of the goods, transfer it to the Buyer
accessories, as well as related documents - _____________________
(technical certificate,
________________________________________________________;
quality certificate, operating instructions, etc.)
transfer the goods to the Buyer in containers and (or) packaging, ensuring
ensuring the safety of goods of this kind under normal storage conditions and
transportation;
2.1.4. transfer the goods within __________ from the moment of making the Purchase
Patel prepayment;
2.1.5. deliver the goods to the Buyer's address.
2.2. The buyer is obliged:
2.2.1. accept the goods transferred to him, except in cases where
he has the right to demand replacement of the goods or refuse to fulfill the contract
purchase and sale;
2.2.2. pay for the goods at the price stipulated in this agreement;
2.2.3. notify the Seller of violation of the terms of the contract regarding the quantity
ve, about the assortment, about quality, packaging and (or) about packaging of goods on time
____________________________________.
Contract price and payment procedure
3.1. The contract price is determined depending on the weight (quantity)
and the range of goods specified in the specification.
3.2. The buyer must make advance payment for the goods in
in the amount of _______%, the remaining cost is paid by the Buyer within
From the moment of acceptance of the goods.
3.3. Payment is made by transferring funds to
Seller's bank account.
4. Seller's responsibility
4.1. When the goods are withdrawn from the Buyer by third parties for reasons
arising before the execution of this agreement, the Seller is obliged to compensate
The buyer suffers losses.
4.2. The seller is responsible for defects in the goods that arose before it was transferred.
giving to the Buyer or for reasons that arose before this moment.
5. Final provisions
5.1. The Seller’s obligation to transfer the goods to the Buyer is considered to be
completed at the time of delivery of the goods to the Buyer.
5.2. The risk of accidental death or accidental damage to the goods
goes to the Buyer from the moment when, in accordance with this agreement
The Seller is considered to have fulfilled his obligation to transfer the goods to the Purchaser.
5.3. In all other respects that are not provided for in this agreement,
The parties are guided by the current legislation of the Russian Federation
5.4. This agreement has been drawn up in two copies, each having equal
legal force, one for each of the Parties.
6. Details and signatures of the Parties
Seller buyer
____________________________________ __________________________________
____________________________________ __________________________________
Seller buyer
making an advance towards payments under the apartment purchase and sale agreement Gr. , passport: series, No., issued, residing at: , hereinafter referred to as “ Salesman", on the one hand, and gr. , passport: series, No., issued, residing at: , hereinafter referred to as “ Buyer", on the other hand, hereinafter referred to as the "Parties", have entered into this agreement, hereinafter " Agreement”, about the following:- The Buyer made an advance payment to the Seller in the amount of rubles towards payments under the agreement for the sale and purchase of an apartment at the address: .
- The advance payment is part full cost of the specified apartment and is contributed to ensure the execution of the contract for its alienation in favor of the Buyer and (or) a person at his direction.
- The seller undertakes, after receiving the advance payment, not to carry out any actions related to the alienation of the specified apartment in favor of third parties.
- If the transaction for the alienation of the specified apartment is not carried out due to the fault of the Buyer, then the entire amount of the advance payment becomes the property of the Seller. If the transaction is not carried out due to the fault of the Seller, then the entire advance amount is returned to the Buyer within days from the date of request. When selling an apartment to third parties, the advance payment is returned in double amount.
- The total cost of the specified apartment is rubles and is not subject to change in the future.
- Costs for completing a purchase and sale transaction include:
- banking expenses (rental of a safe deposit box in a bank) – paid by: ;
- legal registration alienation agreement – pays: ;
- payment for registration and transfer of rights - at the expense of: .
- The specified apartment consists of living room(s), has total area- sq.m., including without taking into account loggias, balconies, other summer premises - sq.m., residential - sq.m. and belongs by right of ownership on the basis of "" 2020, registered in "" 2020 for; Certificate of home ownership dated "" 2020
- The property is sold in the condition in which the Buyer inspected it. The Seller certifies that at the time of concluding this Agreement:
- no agreements have been concluded for the alienation of the above-mentioned Real Estate with third parties;
- it is not rented, it is not under arrest, legal proceedings, is not mortgaged, is not encumbered by the rights of third parties and other obligations, there are no persons temporarily absent but retaining the right to use this apartment, there are no debts on taxes and other payments, there are no hidden defects, there are no other claims of third parties against it.
- The Seller undertakes to notify the Buyer 24 hours in advance about the day of the transaction; the procedure for its implementation is established by agreement of the parties.
- If the validity stated in clause 7 does not correspond to the reality, as well as if other circumstances are discovered on the basis of which the transaction for the alienation of the Real Estate cannot be registered or may subsequently be declared invalid, the advance payment made on the day of the request is returned to the Buyer, and this Agreement is considered terminated. The buyer is reimbursed for all documented expenses incurred in preparing the transaction.
- The apartment is subscribed phone number, which the owner of the Property undertakes not to transfer to a new address and to provide a corresponding notarized application to the telephone exchange on the day of signing the alienation agreement.
- Legal release of the apartment - within the period from the moment of state registration of the purchase and sale agreement, and physical - within days from the moment of state registration of the agreement and transfer of rights.
- The bank depository for conducting mutual settlements and the center for state registration of the transaction and transfer of ownership are selected by agreement of the parties.
- The parties agree to enter into a purchase and sale agreement in simple written form.
- The party responsible for preparing the contract - the Buyer - is obliged to submit its draft before the procedure for mortgaging the money.
- The parties agree to resolve all disputes that may arise during the execution of this Agreement through negotiations and take all measures to resolve disagreements for the mutual satisfaction of their interests. The parties are released from liability for complete or partial failure to fulfill obligations under the Agreement only in the event of force majeure circumstances.
- All amounts of the Agreement specified in , are paid in rubles at the rate of the Central Bank of the Russian Federation on the day of payment (Article 317 of the Civil Code of the Russian Federation).
- Validity period of this Agreement: until 2020 inclusive. The contract can be extended by agreement of the parties.
- The terms of state registration of the real estate alienation agreement are not included in the validity period of this Agreement, which is considered fulfilled and terminates from the moment the documents are submitted for state registration transactions and transfer of ownership.
- This Agreement is drawn up in two copies of equal legal force, one for each of the parties. The agreement comes into force from the moment it is signed by both parties.