Thursday, June 18, 2009

 

What Should Be Included in a Sales Agreement

Sales agreements are often full of fine print and obscure legal terminology, but most of them boil down to a handful of basic points. When you draft a sales agreement, be sure to include these provisions to ensure clarity and enforceability:

1. Description of the Parties and Goods. The Sales Agreement must contain a detailed identification of the parties involved in the transactions and the goods or services for sale. What is the selling party offering to provide? When will they provide it? If extensive or ongoing, this list may be in the form of a separate list or schedule attached as an exhibit.

2. Cost. The sales agreement must address the compensation or cost for the items, including the total payment due, along with the time and manner of payment. If the buyer plans on paying in installments, the agreement must describe the installment plan.

3. Delivery. The sales agreement must address all aspects regarding delivery of the goods. Which party will be responsible for physically delivering the goods? When is this delivery to occur? Will the buyer be inspecting the goods before delivery? When must this inspection occur? If necessary, will conveyance of title occur at the delivery point or at a later date? This provision must carefully answer all these questions and address any other applicable delivery issues.

4. Liability. The agreement must identify which party is responsible if the goods are lost or damaged during delivery. Usually the seller is liable for damages if damage occurs during delivery, however this may not always be the case and can be drafted otherwise.

5. Escrow. In applicable cases such as real estate or wholesale sales agreements, the agreement must identify whether or not the buyer will be depositing money in escrow, which bank will be acting as escrow agent, and when and on what conditions the escrow money will be released.

6. Liquidated Damages. The sales agreement may contain a liquidated damages clause. This clause should state that in the event of breach, the breaching party shall be liable for all of the losses, including lost profits, suffered by the non-breaching party.

7. Representation of Warranties and Guarantees. If applicable, the agreement should contain any applicable covenants, warranties, or guarantees the seller is making in respect to the goods being sold. This may include a guarantee that the seller is the lawful owner of the goods and the goods are owned free and clear from any liens, encumbrances, or title disputes.

8. Disclaimer. If applicable, the agreement may contain a disclaimer provision, stating that the goods are being sold "as-is," and the seller will not be liable for any defects, patent, latent, or otherwise. This provision is usually reserved for the sale of used goods.

9. Integration. The agreement should include a clause which recites that the agreement represents the entire agreement between the parties with respect to the subject matter involved, and that all prior agreements, express or implied, oral or written, are hereby superseded by this agreement.

10. Severability. The agreement should recite that if any provision of the agreement is deemed void, invalid, or unenforceable, that provision shall be severed from the remainder of the agreement, and all remaining provisions shall continue in full force and effect.

11. Modification. The drafter of the sales agreement may want to state that except as otherwise provided, the agreement may be modified, superseded, or terminated only upon a written and signed document of the parties. This will prevent confusion that may occur if the parties were able to modify the agreement orally.

12. Governing Law / Execution. The agreement should conclude by identifying the governing jurisdiction, most likely the state where the contract was signed or goods delivered, and should contain signature lines for all parties involved.

These are the most important provisions of a sales agreement. Each provision should be drafted carefully to avoid confusion or differences in contract interpretation.

About the Author

Mark Warner is a Legal Research Analyst for RealDealDocs.com. RealDealDocs gives you insider access to millions of legal documents drafted by the top law firms in the US. Search over 10 million Documents, Clauses, and Legal Agreements for Free at http://www.RealDealDocs.com

Related posts:

Labels: , , ,


Friday, January 16, 2009

 

Eco-Friendly Hotel Chains Fill Lodging Niche

In an environmentally conscious world, filled with pleasure seekers and international travelers, there is a seemingly significant absence of eco-friendly hotels.That is to say, if you don't want to room in a hut while on vacation, there are limited environmentally friendly choices when choosing where to stay.

Fresh new hotel chains are now getting some attention, since they offer the eco-savvy traveler a place to kick off their Birkenstocks, as well as a place to take pleasure in the modern amenities of the 21st Century.

For example, chains like Oriens Travel and Hotel Management Corp.give peace of mind to travelers who pay attention to preserving the environment, especially in the fertile jungles and environs of developing countries like Costa Rica, Panama and Nicaragua where eco-friendly hotels are primarily located.

Eco-friendly hotels make energy conservation and waste disposal core concerns.In simple terms, these hotels want to impact the environment and protect the surrounding ecosystems for future generations of the local inhabitants and the eco-savvy traveler.

These new brand of eco-friendly branded hotels provide clean, upscale styles to the traveler looking for economic accommodations.Guests can enjoy crisp clean interiors and world-class service at a fraction of the cost of three and four star hotels.

Rooms can come complete with all-white bed sheets to all-white linens.Some sport white porcelain tiles with subtle shades of grays.Free flowing window drapes and contemporary furniture complete the white, South Beach Miami concept.

Some lodging accommodations of these new hotel chains are 3.5 star hotels with warm and cozy interiors.Rich colors and textured woods make these hotels the perfect place to relax and get away from the world.Some are designed with elegant Mediterranean-style architecture, modeled after the traditional Spanish paradores and quaint European boutique hotels, makes these resorts unique in selected regions.

These hotel locations offer all the expected amenities of a four-plus star resort, coupled with European refinement and a warm tropical touch.
Some of the eco-friendly hotels even have resorts bed and breakfast style locations that place an emphasis on cleanliness, tidiness, exceptional services, and most important of all, affordable pricing, aimed at drawing in the eco-tourism market.

These properties are a wonderful experience for someone looking for a quiet retreat, warm intimate services and a relaxed atmosphere.Their bed and breakfast style accommodations offer travelers a less corporate atmosphere.Each location may have no more than 25 rooms, giving guests the opportunity to embrace pure tranquility.Services can still be very impressive, some featuring complimentary breakfasts, Internet access and phone service.

These eco-friendly hotel chains offer a wide range of hotel and resort options to the eco-savvy traveler.Whether you are looking for that bed and breakfast to enjoy with your special someone, or just for an eco-friendly place to take your family, these fresh new hotel chains are now getting some attention, since they can offer the eco-savvy traveler comfortable and eco-safe lodging.

DISCLAIMER: This article written by e-media Direct, with the expressed permission of its client (OTHM), and the information and research contained herein do not represent a recommendation of investment advice to buy or sell stocks or any financial instrument nor is it intended as an endorsement of any security or investment.Neither e-media direct (including the author) can assess, verify, or guarantee the suitability of any particular investment to any personal situation and the reader of this article bears complete responsibility for its own investment research and should seek the advice of a qualified investment professional prior to making any investment decisions.

This article and any sponsoring websites are provided solely for informational purposes, and they do not constitute an offer or solicitation to buy or sell any securities.All opinions expressed and information and data provided herein are subject to change without notice.e-media Direct and their respective officers, directors, employees and/or associated entities, including the author, may have positions in and may from time to time make purchases or sales of the securities discussed or mentioned in this article.e-media Direct, Inc.has been compensated by a third party consultant ten thousand dollars in cash.In exchange for this compensation, OTHM will receive investor relations services, this written article and promotion of this article on e-media Direct websites, other non-e-media Direct sponsoring websites and various media forums.


About the Author

Rodney Marvel is currently the Director of Operations for e-media Direct (www.

e-mediadirect.com).He has five years of experience in the marketing and financial industries.You can contact him at: http://www.e-mediareport.com or rmarvel@e-mediadirect.com or 866.284.2835.

Relaited Links:

Labels: , , , ,


Sunday, December 14, 2008

 

Get Brief Review On Web Services

A Web service (also Web Service) is defined by the W3C as a software system designed to support interoperable machine to machine interaction over a network, Web services are frequently just Web APIs that can be accessed over a network, such as the Internet, and executed on a remote system hosting the requested services.The W3C Web service definition encompasses many different systems, but in common usage the term refers to clients and servers that communicate over the HTTP protocol used on the Web Such services tend to fall into one of two camps, Big Web Services and RESTful Web Services.

Big Web Services use XML messages that follow the SOAP standard and have been popular with traditional enterprise.In such systems, there is often machine-readable description of the operations offered by the service written in the Web services Description Language (WSDL).The latter is not a requirement of a SOAP endpoint SOAP frameworks (frameworks such as Spring, Apache Axis2 and Apache CXF being notable exceptions).Some industry organizations, such as the WS-I, mandate both SOAP and WSDL in their definition of a Web service.

The current version of the specification is 2.0; version 1.1 has not been endorsed by the W3C but version 2.0 is a W3C recommendation WSDL 1.2 was renamed WSDL 2.0 because of its substantial differences from WSDL 1.1.By accepting binding to all the HTTP request methods (not only GET and POST as in version 1.1) WSDL 2.0 specification offers better support for RESTful web services, and is much simpler to implement.However support for this specification is still poor in software development kits for Web Services which often offer tools only for WSDL 1.1.

Representational state transfer (REST) is a style of software architecture for distributed hypermedia systems such as the World Wide Web.As such, it is not strictly a method for building what are sometimes called web services.The terms representational state transfer and REST were introduced in 2000 in the doctoral dissertation of Roy Fielding,] one of the principal authors of the Hypertext Transfer Protocol (HTTP) specification.The terms have since come into widespread use in the networking community.

The WSDL defines services as collections of network endpoints, or ports.The WSDL specification provides an XML format for documents for this purpose.The abstract definition of ports and messages are separated from their concrete use or instance, allowing the reuse of these definitions.A port is defined by associating a network address with a reusable binding, and a collection of ports define a service.Messages are abstract descriptions of the data being exchanged, and port types are abstract collections of supported operations.The concrete protocol and data format specifications for a particular port type constitutes a reusable binding, where the operations and messages are then bound to a concrete network protocol and message format.In this way, WSDL describes the public interface to the web service.

Web services can also be used to implement an architecture according to Service-oriented architecture (SOA) concepts, where the basic unit of communication is a message, rather than an operation.This is often referred to as message-oriented services.SOA Web services are supported by most major software vendors and industry analysts.Unlike RPC Web services, loose coupling is more likely, because the focus is on the "contract" that WSDL provides, rather than the underlying implementation details.
About the Author

Get Call Center


Use Web Services


Relaited Links:

Labels: , , , ,


Wednesday, October 22, 2008

 

Protect Your Business from Hurricane Storm Damage

There are many preventive steps you can take to protect your business from hurricane storm damage. Some are simple and cost nothing, others require more effort and funds. All are worthwhile. First, put a plan in place and enact it now to keep your business operational despite hurricane storm damage.

Review the details of your business flood, wind, and storm insurance with your agent. Be certain you understand the conditions under which the contents of your business and other specific items are covered from storm destroy. If you operate a dwelling house problem, looking on the square footage of your dwelling house hand-me-down for affair purposes, it may be important to pass through two separate policies, a domicile hurricane plan and a screen interest hurricane tactic. Be agreed you taste the primary coverage for storm blast to your affair as in any case as your domicile.

Carry photographs of your problem furniture and stock a written inventory of all elemental assets for coverage and tax purposes. Compilations these records in a protected region, outside of the headquarters, such as a safe situate box.

Guess the expense busy in replacing or repairing business fittings, coupled with phase engaged. These estimates will aid you in focusing on convalescence and reduce to rubble investigation subsequent to hurricane storm destroy.

Both all the way through and for weeks subsequent to a hurricane, traditional means of communiqu� are rendered inoperable as domicile libretto and apartment towers are done for. The only effective tool of articulation all through these periods are Satellite Phones. Believe buying a satellite mobile phone, or, as a minimum, agree renting a satellite phone for the hurricane term.

Achieve a database plus contact mind for all workers as at any rate as for customers and vendors.

Carry a look at the place of your interest furniture inside the developing. During hurricane liveliness winds, fittings situated intimate windows is vulnerable to blast or disorder. Protect this equipment by relocating it to a spare strap destination. Buckle any furnishings that may possibly fall or modification right through a storm, and amendment fragile, rare, or pouring substance to low protected shelves to protect them enjoys wash up.

Enlist the aid of your employees in planning for hurricane storm disfigure. Allocate human being recruits the household tasks of creating and protecting furnishings, aid up affair robot records, turning in focal documentation to a safe place, and enacting protection protection in the creating or administrative center. Accept as true that buying a satellite phone for back-up articulation.

Both hardcopy and automated files and documentation are essential to more or less interest operations. Businesses for all time lose archive and documentation to hurricane storm devastate, which increases recuperation time and fees. The longer you are ineffective to activity your business, the larger the feasible for ignored shoppers who will be provoked to use the services of your rivals. To keep away from this affair, find out which records, files, furnishings, or supplies are essential for business undertaking and stock steps to protect one another like hurricane storm devastate. Automatically back up monolithic archive and records and reserves one another at an off location buckle place. Include legal documentation, plans, or any foremost firm records.

If you carry store of class inventory or raw materials at your region of affair, either adjustment them to a fasten locality such as a storage service in other places like the storm spot or stock steps to protect one another delight in storm spoil.

If you pass through well-versed hurricane blast, accept as true that temporarily hiring a contracted package provider to goes a couple agency problem works such as buyer facility or payroll services except you are functional once more. Every effort should be produced to retain your workers and buyers.

Hold the steps keystone to minimize hurricane storm destroy to your problem and hold your organization operational and positive.


Almost the Creator

Lou Altman is the CEO and Founder of GlobaFone, an reward winning, leading provider of

Relaited Links:

Labels: ,


Subscribe to Posts [Atom]