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Sales Agreements

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 §2-205.  It states:

(a) An offer by a merchant to buy or sell goods in a signed writing which by its terms gives assurance that it will be held open is not revocable, for lack of consideration, during the time stated or if no time is stated for a reasonable time, but in no event may such period of irrevocability exceed three months; but any such term of assurance on a form supplied by the offeree must be separately signed by the offeror.

(b) Notwithstanding subdivision (a), when a merchant renders an offer, oral or written, to supply goods to a contractor licensed pursuant to the provisions of Chapter 9 (commencing with Section7000) of Division 3 of the Business and Professions Code or a similar contractor's licensing law of another state, and the merchant has actual or imputed knowledge that the contractor is so licensed, and that the offer will be relied upon by the contractor in the submission of its bid for a construction contract with a third party, the offer relied upon shall be irrevocable, notwithstanding lack of consideration, for 10 days after the awarding of the contract to the prime contractor, but in no event for more than 90 days after the date the bid or offer was rendered by the merchant; except that an oral bid or offer, when for a price of two thousand five hundred dollars ($2,500) or more, shall be confirmed in writing by the contractor or his or her agent within 48 hours after it is rendered. Failure by the contractor to confirm such offer in writing shall release the merchant from his or her offer. Nothing in this subdivision shall prevent a merchant from providing that the bid or offer will be held open for less than the time provided for herein.

(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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