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Purchasing Agreement


If the sale is for goods or a merchant is involved, then it may fall under Uniform Commercial Code guidelines.  These are much more restrictive on the business than on the individual, your company's purchase agreements should be tailored to best serve your needs, not a standard form.

One example of a rule that differs depending on if the parties are merchants or consumers is §2-207.  It states:

(1) A definite and seasonable expression of acceptance or a written confirmation which is sent within a reasonable time operates as an acceptance even though it states terms additional to or different from those offered or agreed upon, unless acceptance is expressly made conditional on assent to the additional or different terms.

(2) The additional terms are to be construed as proposals for addition to the contract. Between merchants such terms become part of the contract unless:

     (a) The offer expressly limits acceptance to the terms of the offer;

     (b) They materially alter it; or

     (c) Notification of objection to them has already been given or is given within a reasonable time after 
          notice of them is received.

(3) Conduct by both parties which recognizes the existence of a contract is sufficient to establish a contract for sale although the writings of the parties do not otherwise establish a contract. In such case the terms of the particular contract consist of those terms on which the writings of the parties agree, together with any supplementary terms incorporated under any other provisions of this code.

(From the CA Commercial Code)


What I can do for your company

Corporate Protection Services can help you strengthen your business through improved business agreements.  We will review your current agreements, if any, and create a set of standard contracts for use in your day to day operations.  

We will assist you in streamlining your paper flow.  We can even help eliminate your paper flow by assisting your company in becoming virtually paperless, thus saving time and money in employee costs and storage fees.

We will assist in the design and structure of company agreements specific to the needs and goals of your business and then help you manage and update your agreements on an ongoing basis including annual, semi-annual or quarterly reviews, based on your company's needs.

 


 

 



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