If you do not have a sales contract, you may not understand your contractual rights and obligations, the economic consequences of the risks, and the remedies and protections you legally have. This agreement provides a solid foundation and framework for all stages of an otherwise complex process and provides ways to address and correct them in the event of a problem. The risk of loss is a clause that determines which party must bear the risk of damage to the goods after the completion of the sale, but before delivery. If the seller bears the risk of loss, he must send another shipment of goods to the buyer or pay damages to the buyer if the goods are damaged before delivery. If the buyer bears the risk of loss, the buyer must pay for the goods, even if they were damaged during shipping. In addition, a seller may implicitly refuse or modify extension guarantees under the UCC. The seller must provide the buyer with a receipt for cash transactions. 2. Ensure adequacy for a specific purpose: if the seller knows or must know that (1) the buyer intends to use the goods for specific purposes and (2) the buyer relies on the seller`s ability or judgment to choose the appropriate merchandise, a tacit guarantee that the goods correspond to that purpose when it is produced. An example is an owner who buys paint to paint a house.
If the seller recommends a certain color, but this color is not suitable for painting houses, then the seller has violated this tacit guarantee of fitness for a particular purpose. A seller can deliver the goods and later charge the buyer for the payment. Create a custom invoice. In the absence of a written sales contract, certain merchandise guarantees may apply either automatically or not at all. Guarantees are legally enforceable commitments or guarantees that assure the buyer that certain facts or conditions regarding the goods are accurate. According to the Commercial Uniform (UCC), there are two types of guarantees – explicit guarantees and unspoken guarantees. Explicit guarantees: An explicit guarantee is a positive statement from the seller about the quality and characteristics of the merchandise. An example of an express warranty is an electronics distributor that tells a customer, “We guarantee defects to your newly purchased TV for three years. If you tell us there is a defect, we will replace it or fix it. However, an explicit guarantee can be created even if the seller does not intend to establish one.