Module 05 Course Project - Final Contract Due

CONTRACT FOR MANUFACTURE AND SALES OF THE CHILDREN TOYS

This contract for Manufacture and Sales Children Toys is made on 17th October 2018

BETWEEN: Mr Fredrick [the “seller”], is a sole proprietor established under the laws in the

Constitution of the United States of America with its head office located:

MR Fredrick

1234 AVE ASHFORD APT 1A

SAN JUAN PR 00907–1021

The UNITED STATES OF AMERICA

AND: Mr Bob [the “buyer”], who runs a wholesale shop established under the laws

Laid therein in the constitution of the United States of America with its

Head office located:

MR. Bob

GENERAL DELIVERY

DULUTH MN 55811–9999

UNITED STATES OF AMERICA

1. DESCRIPTION OF MANUFACTURE AND SALE

Seller agrees to the manufacturer and sells to the buyer the children toys which included: baby dolls, puppets, nesting toys, soft stuffed animals and push and pull toys all specially designed to meet the specifications of the buyer.

2. PAYMENT PROVISIONS

Buyer agrees to pay for the goods as follows: make payment of $710.00 down within [21] days after execution of this agreement; payment will be made on cash upon delivery of the toys by the seller; first payment made on 20th of October 2018; second payment made on 27th of October 2018; third payment made on 10th of November 2018. If seller should regard its prospect of receiving the last payment insecure, it may demand payment prior to delivery.

3. DELIVERY SCHEDULE

Seller has already manufactured the toys and all waits for the agreement to be drawn between him and the buyer. The seller will avail goods for inspection at buyers shop not later than 18th of October. If the buyer’s inspection discloses any defects, the seller shall make necessary corrections identified, package, ship and deliver toys to the buyer on 20th of October, 27th of October and 10th of November, 2018 to General Delivery Duluth Mn 55811–9999 United States of America. Seller shall pay all expenses of packaging and preparations for shipment and buyer shall pay all costs of transportation, including insurance on both seller’s and buyer’s respective interests.

4. TERM OF THE CONTRACT.

This contract will run for a period of one month which from 17th of October to 10th of November, where 17th of the October is when the contract is formed and 10th of November is when the final delivery and payment is made. If the buyer would want more items, the contract may be renewed but the charges will vary depending on the quantity of the buyer of the item would wish to buy but other cost and expenses will remain same as given in the clause (2) and (3).

5. LIMITATIONS OF LIABILITY

Seller warrants shall be delivered free of a rightful claim of any third person by way of patent infringement, and if the buyer receives notice of any claim of such infringement, it shall, within [5] days, notify the seller of such claim. If the buyer fails to forward such notice to seller, it shall be deemed to have released a seller from this warranty as to such claim. Also, if toys delivered to the buyer and the buyer feels toys are damaged or are not in good condition, the buyer should notify the seller within [5 days] after delivery, failure to which seller will not accept any claim.

THERE ARE NO WARRANTIES AND LIABILITIES WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE OF THIS AGREEMENT.

6. A MANDATED ALTERNATIVE DISPUTE CLAUSE.

The parties hereto will use their reasonable best efforts to resolve any dispute hereunder through good faith negotiations. A party hereto must submit a written notice to any other party to whom such dispute pertains, and any such dispute that cannot be resolved within thirty (10) calendar days of receipt of such notice (or such other period to which the parties may agree) will be submitted to an arbitrator selected by mutual agreement of the parties.

7. ACT OF GOD

In case the toys are destroyed by a natural disaster, seller’s obligations subject to this agreement are accepted since they are character beyond the control of the seller. In regard to ACT OF GOD, the seller is not subject to charges of delay and owes to make written notification of explanation to the buyer not later than[5] days after happening of the disaster.

8. ENTIRE AGREEMENT

The parties agree that this constitutes the entire agreement and there are no further items or provisions, either oral or otherwise. Buyer agrees that it has not relied upon any representations of the seller as to the prospective performance of the goods, but has relied upon its own inspection and investigation of the subject matter.

The parties have executed this agreement at (Ilzmak Restaurant) the day and year first above written.

SELLER BUYER

Marquita brown James Jenkins________________

Authorized Signature Authorized Signature

Marquita Brown/ CEO ______James Jenkins /Manager _

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