AGREEMENT FOR SALE OF GOODS

THIS AGREEMENT made on this ......... day of ........, between ......... a company incorporated under the Companies Act, 1956 and having its registered office at ........... (hereinafter referred to as the SELLER, which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include its successors and assigns) of the ONE PART and ............ (give name and description of the person or legal entity) (hereinafter referred to as the BUYER which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include its successors and assigns) of the OTHER PART. 

WHEREAS the Seller is a manufacturer of ___

WHEREAS the buyer is a trader and has approached the Seller to sell the goods at the rate of __per unit/ Kilo.

THE PARTIES HERETO agree to abide as under:

1 The Seller undertakes to sell the Buyer and the Buyer undertakes to  buy from  Seller……….(hereinafter called the 'said goods') at a a price of C.I.F……..shipment.

2 The Seller will send the said goods through the designated ship the information of  which ship and the date of its arrival at the port of dispatch in India shall be sent to the  buyer.

3 The Seller shall make an agreement with the master of the ship for the transportation and delivery of the said goods at the Indian port.

4 It shall be the responsibility of the Buyer to have said goods insured for their value  upon the current terms and make out an invoice.

5 It shall be the responsibility of the Buyer to have letter of credit through its banker  which shall cover the price of the goods, freight insurance and other charges in favour of  the Seller's banker.

6 After the shipment of the said goods the seller shall send all the necessary  documents including the contract of a freightment, insurance policy, invoice, bills of  landing, etc., to its banker at the Indian port.

7 The aforesaid document shall b delivered to the Buyer banker's against the  encashment of the letter of credit which shall, in turn, deliver the same to the Buyer to  enable him to get the goods cleared at the Indian port. Delivery of the documents shall  constitute the delivery of goods and henceforth the goods shall be at the risk of the  Buyer.

8 It shall be the responsibility are to be Buyer to open a letter of credit with his banker  in favour of the Seller's banker. The Buyer's bankers shall credit the amount of price in  the Seller's name with Seller's banker against the receipt of the document of title. 

9 In case some formalities are to be completed prior to the import of the aforesaid  goods at the place of destination the same shall be completed by the Buyer at his own  costs.

10 If some export formalities are to be completed for the export of the aforesaid goods  from the place of dispatch, the same shall be completed by the Buyer/Seller at his own  costs.

11 It shall be the Buyer's right to examine the goods for his satisfaction at the point of  destination. If the goods are not according to the sample or specification the Buyer  shall have the right the reject the goods at the risk and cost of the seller. 

12 In case any dispute arises out of this agreement between the parties, the same  shall be referred to the arbitration under the Arbitration and Conciliation Act, 1996. The venue for the arbitration shall be Kolkata.

13.The governing law of this will be the laws of the Republic India.

SIGNED, SEALED AND DELIVERED
by the within named Seller by the hands
of its authorised representative/Director
Mr. ___in the presence of Mr.___ and
Mr.___
SIGNED, SEALED AND DELIVERED
by the withinnamed Buyer by the hands of its
authorised representative/Director Mr.___,
in the presence of Mr. ___ and Mr. ___
ABSOLUTELY NO WARRANTIES ARE MADE REGARDING THE SUITABILITY OF THESE FORMS FOR ANY PARTICULAR PURPOSE. IT IS ADVISABLE THAT IMPORTANT DOCUMENTATIONS ARE PREPARED OR VETTED BY EXPERT. LEGAL ADVICE OF ANY NATURE SHOULD BE SOUGHT FROM COMPETENT, INDEPENDENT, LEGAL EXPERT IN THE RELEVANT JURISDICTION.
 
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