Legal encyclopedia. Letter D

CONTRACT OF SALE

- a contract under which one party (the seller) undertakes to transfer the thing (goods) to the ownership of the other party (the buyer), and the buyer agrees to accept this product and pay for it a certain amount of money.

The contract is bilateral, onerous, consensual.

The form of the agreement is not stipulated in the general provisions, therefore general rules about transactions are applied.

Types DK-P .:

1) retail purchase and sale;

2) delivery of goods;

3) supply of goods for state needs;

4) power supply;

5) sale of real estate;

6) sale of enterprises.

The content of the contract is its terms. They are considered agreed if the contract allows you to define the name and quantity

Goods. For certain types of sale and purchase, there are requirements for the need to harmonize a wider range of conditions.

1. Condition about the goods. It is considered agreed if the content of the contract allows you to determine the name and quantity of the goods.

2. Quantity of goods. It is provided in certain units of measurement or in monetary terms. This condition can be agreed by establishing in the contract only the procedure for determining the quantity of goods. The quantity condition is essential. If the contract does not allow you to determine the quantity of the goods, it is considered not concluded.

3. Assortment of goods. Assortment - the ratio of the goods in size, types, models and other characteristics. It is agreed upon by the parties. If the assortment is not defined and the procedure for determining it is established, and the obligation follows from the obligation that the goods should be in the range, the seller is entitled to transfer the goods to the buyer in the assortment proceeding from the needs of the buyer that were known to the seller at the time of the contract conclusion or to refuse to perform the contract.

The price of non-conforming goods must

Be agreed.

4. The quality of the goods. It must correspond to D.K.-P. And can be determined by the sample and / or description. Mandatory quality requirements may be prescribed by law. The agreement of the parties may establish increased requirements for quality.

Quality assurance: legal and contractual. For a legitimate product, it must be within a reasonable time suitable for the purposes for which such goods are commonly used. Quality is determined at the time of transfer of goods, unless otherwise specified by the contract. When the contractual seller provides a quality guarantee within the time specified by the contract.

Warranty period is the period during which the seller guarantees the suitability

Use of the goods for the purposes established by the contract. It begins to flow from the moment the goods are transferred. The term is prolonged if the goods can not be used because of the discovered shortcomings, provided that the seller is notified about it.

5. Completeness of the goods - a certain set of goods. The obligation is considered fulfilled from the moment of transfer of all goods

Simultaneously, unless otherwise follows from the contract or from the essence of the obligation.

The seller is obliged to transfer the goods in the packaging and packing, unless otherwise provided in the contract or if the goods by their nature do not require packaging.