Sales Agreement Paperwork For Florida Businesses
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Sales agreements are critical to a company’s success. They must be written in a plain and easy to understand language so they can move at the speed of business, while giving the company, and owners, confidence in both the surety of binding, and protection against legal challenges.
We understand sales agreements.
We write sales agreements that protect your business, without stepping on your sale.
What Is a Sales Agreement?
Sales Agreements are contracts that spell out the terms and conditions of the transaction, and upon which the parties agree to be bound. Sales agreements are also known as “Sale and Purchase Agreements.” These agreements may cover the sale of goods, services, or both.
Sales agreements may be used hundreds of times daily, such as the paperwork used at a hotel, investment advisor, or your bank. Conversely, they may be used more spirally, such as a merchant that makes purchases from suppliers only a few times a year. However, a bad agreement, or the lack of a sales agreement, can result in a disaster to a business.
A proper sales agreement should contain all the particulars, promises, disclosures, and waivers related to the transaction including names and contact info of the parties, sales quantities, prices, detailed description of goods or services, terms of payment, shipping, return policies, and all necessary disclosures.
In addition, certain clauses are common to all good sales agreements including choice of law clauses, integration clauses, no interpretation against the drafter clause, severability clause, and other clauses which offer common interpretation protections in contract dispute.
What Happens If a Sales Agreement is Violated?
In the worst case, expensive protracted litigation.
A violation of a term of a sales agreement is called a “Breach of Contract.” A breach of contract may be interpreted as either a minor breach or a major breach. A minor breach generally would not make the contract voidable by the injured party, but would entitle that party to damages to offset the loss. On the other hand, a major breach not only entitles the injured party to damages to offset the loss, but also may place the damaged party in a position to void the contract. Damages that might be awarded to an injured party include monetary damages awards, or injunction requiring the breaching party to perform their duties.
The Value of Properly Prepared Sales Agreements
When your business presents a customer or trade partner with a properly prepared sales agreement, which clearly outlines the promises and terms of agreement the parties agreed to, it’s likely that once properly executed a counter-party will have great pause prior to causing a breach. In effect, a well written contract not only acts as a memorialized binding agreement, but additionally a deterrent to breach by making negative legal consequences more likely than the breaching party would face if the agreement was poorly prepared, or left in mere oral form.
Your sales agreements should help your business, not strangle it.
Does all this sound a bit daunting?
Don’t worry. Our South Florida based business law attorneys can write your company sales agreements. We serve clients in Palm Beach County, Broward County, Miami Dade County, and throughout Florida.
If you’re interested in learning more about business paperwork, sales agreements, sale or purchase agreements, or other contracts critical to protecting and growing your business, please contact us.
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