CONTRACT AND LIABILITY
General provisions on the contract of sale
The concept of the contract of sale covers at present all the contracts for transferring the thing for money from one subject to another. Separate types of sales contracts are contracts: retail sale, supply of goods, supply of goods for state needs, contracting, energy supply, real estate sales, sale of the enterprise.
In accordance with paragraph 1 of Art. 454 CC under the contract of sale, one party (seller) undertakes to transfer the thing (goods) to the other party (buyer), and the buyer agrees to accept this product and pay a certain amount of money (price).
The contract of sale is consensual, since it is considered concluded from the moment when the parties reached agreement on all material terms of the contract, which must be directly established by them, or when the state registration of such an agreement (contract of sale of the enterprise) was made. This contract also applies to onerous and bilateral contracts.Subject sales contracts constitute the transfer by the seller of the goods to the buyer's property, acceptance by the seller and payment of a fixed price for it.
In order to recognize a contract of sale and purchase of prisoners, it is necessary for the parties to agree only on the conditions for the name and quantity of the goods. Other terms of the contract, including the price of the goods, can be determined based on the general rules contained in the Civil Code, so it is permissible to conclude the contract without their approval.>
The seller is obliged to transfer the goods to the buyer within the time period established by the contract or the rules on the performance of the indefinite obligation (st.314GK).
The quantity of the goods to be transferred to the buyer is provided for in the purchase and sale agreement in the appropriate units of measurement or in monetary terms. The possibility of agreement by the parties in the contract only of the procedure for determining the quantity of goods is allowed, but in any case there should be an opportunity to determine the quantity of the goods to be transferred (Article 465 of the Civil Code).
A contract of sale may contain a condition for assortment of goods to be transferred to the buyer by the seller, i.e. on the establishment of a certain correlation of the latter according to types, models, sizes, colors or other characteristics (Article 467 of the Civil Code).
The seller must meet the terms of the quality contract. In the absence of these conditions in the contract, the seller must provide the buyer with goods suitable for the purposes for which the goods of this kind are usually used. If the seller at the conclusion of the contract has been notified by the buyer about the specific purposes of purchasing the goods, the seller is obliged to transfer to the buyer the goods suitable for use in accordance with these purposes.
The essence of a legal guarantee is that the goods must meet the requirements for their quality at the time of their transfer to the buyer, if another time of determining the compliance of goods with these requirements is not provided for by the contract, and within a reasonable time should be suitable for the purposes, for which goods of this kind are usually used (paragraph 1 of Article 470 of the Civil Code).
The contract of sale under paragraph 2 of Art. 470 of the Civil Code provides for the seller to provide a guarantee of the quality of the goods (a contractual guarantee), which must be retained for a certain time (warranty period), when the buyer is allowed to apply to the seller of the application specified in law of the consequences of the transfer of goods of inadequate quality.
From the warranty period, it is necessary to distinguish expiration date of the goods, i.e. determined by law or in the order established by it, the period of time after which the goods are considered unfit for their intended use.
If the defects in the goods were not specified by the seller, the buyer to whom the goods of inadequate quality was transferred, may at their option demand from the seller:
a commensurate reduction in the purchase price;
- free of charge elimination of defects in the goods within a reasonable time;
- reimbursement of their costs for the elimination of product shortcomings.
In the case of significant breach of the requirements for the quality of the goods (detection of unavoidable shortcomings, shortcomings that can not be eliminated without disproportionate expenses or time spent, etc. .) the buyer has the right at his choice:
- refuse to execute the contract and demand refund of the money amount paid for the goods;
require replacement of goods of inadequate quality with the goods that comply with the contract (Article 475 GK).
If the product does not have a warranty period or expiration date, the defects of the goods must be discovered within a reasonable time, but within two years from the date the goods are transferred to the buyer. A law or an agreement may provide for a longer period of detection of defects in the goods.
If the warranty period is established for the product, its shortcomings should be detected within this period. Similarly, the detection period for the deficiencies of the goods for which the expiration date is established (Article 477 GK) is determined.
Under the contract of sale, the seller is obliged to transfer to the buyer the goods that meet the condition of the contract for completeness , and in the absence of such in the contract, the completeness of the goods is determined by the customs of business turnover or other requirements item 478 GK).
The seller is obliged to transfer the goods to the buyer in a container and (or) packing, with the exception of goods that do not require packaging and/or packaging in their nature. The exception of the 1st rule can be stipulated by the contract or follows from the essence of the obligation (clause 1, article 481 of the Civil Code).
The buyer must accept the goods transferred to him, except when he has the right to demand replacement of the goods or to refuse to execute the contract of sale (Article 484 of the Civil Code).
The price of the goods can be stipulated by the contract. If it is not determined by the contract and can not be established on the basis of its conditions, the goods are paid for at a price which, under comparable circumstances, is usually charged for similar goods, i.е. the rule of clause 3 of Art. 424 GK.
The law provides for the possibility of concluding a sales contract with the condition prepayment of goods, and on credit with full payment for the goods after a certain period of time or with its payment by installments.
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