The Contract for the Sale and Purchase of Movable Goods is the agreement by which a subject, a seller, transfers the ownership of the movable property to another subject, the buyer, upon payment of a sum of money (the price of the asset).
This document is used to settle the sale in writing and to have proof of what has been agreed between the parties. In this way, the buyer and the seller can have certainty about the obligations and rights that arise with the transfer of ownership. Furthermore, in the event of a breach by one of the two parties, with a written contract it will be easier to ascertain their reasons.
When using the sales contract
This sales contract is used for the sale of movable property. These are goods that can be moved and are not fixed to the ground (eg cars, furniture, appliances, etc.). In fact, the sale of the movable property should not be confused with the sale or preliminary sale contract of immovable property.
The sale of movable property can be used to sell both registered movable property (eg car, motorbike, boat, etc.) and unregistered movable property (eg tablet, smartphone, computer, etc.). The sale can concern new goods or used goods and can be used both by traders as part of business activity and by individuals. For example, the sales contract can be used by the shopkeeper who sells furniture and furnishings or by the private individual who wants to sell their used computer.
This document can be used to settle a sale with a specific customer or to settle sales with identical conditions for several different customers. In the latter case, the contract will consist of an order form with details (eg price, data of the parties, etc.) and the general conditions of sale. For example, the stationery merchant typically uses an order form and terms of sale to sell its products to various customers on the same terms.
This contract cannot be used for online distance selling. In the latter case, an e-commerce general conditions of sale document must be drawn up and published on the site. If the sale is at a distance (eg sales by e-mail or by correspondence, sales by telephone, etc.) it is possible to use this document only between individuals or for B2B (business to business) sales. This contract cannot be used for distance selling between a professional seller and a consumer (eg telemarketing).
Furthermore, the contract for the sale of movable property cannot be used for the continuous or periodic supply of goods (e.g. monthly supply of office stationery material). In this case, a supply contract (improperly called also a supply contract of goods or merchandise) must be used.
What does the model contract for the sale of movable property contain?
Our movable property purchase agreement meets all legal requirements. The main clauses included concern:
- Good (s): the description and quantity of the goods sold
- Price and payment methods: the indication of the amount to be paid for the transfer of ownership and the methods by which the amount must be paid
- Delivery: the possibility to choose between shipping (indicating the shipping methods) and collection of the goods
- Warranty: the application of the guarantee of conformity provided for consumers or of the guarantee for defects in other cases (inserting the warranty months or excluding it)
- Trial sale: it is possible to choose whether or not the buyer will be able to try the goods for a specific period and the type of proof (proof or satisfaction reserve)
- Sample sale: it is possible to sell the goods on a sample basis (e.g. for the purchase and sale of goods that are located in a place far from the buyer)
- Sale with redemption: to give the seller the right to buy back the property by a set date
- Condition precedent: to condition the effectiveness of the sale upon the occurrence of a specific event.
Once you have downloaded your document, we will guide you step by step to complete all the necessary subsequent tasks.
Information you need
To complete the contract, the personal details of the parties are required. It is also necessary to describe the asset to be sold (during the interview, the aids will allow you to find the information you need).
The document can be modified free of charge in all its parts without time limits. Don’t worry so if you don’t have all the information available during the interview, you can always enter it later.
- Contract for the sale of movable property
- Contract of sale between individuals
- Sales contract subject to approval
- B2B or offline distance selling
- General conditions of purchase
- Order form and general conditions
- Contract for the sale of used goods
Other useful templates and facsimiles
- Commercial Distribution Agreement: for the marketing of goods or services in a specific territory and can be granted exclusively
- Payment Reminder Letter: to formally request the extinction of a debt
- Estimation Contract or Sales Account: to deliver products to a reseller who will pay the price only after having sold them to the end customer
- Contract for the Periodic Supply of Goods: to regulate the supply of goods between suppliers and their customers
- Preliminary Real Estate Sale Agreement: to sell a property to a buyer who undertakes to purchase it within a deadline