...Ltd. on 17 October 2013 This agreement is based on the following provisions: 1. The Hogwarts supporting team with ______________director, as responsible for a payment, is buying 10 machines from Daily packaging Ltd. With ____________ director, as responsible for a delivery. 2. The payment is doing by two parts, with the last one after machines delivered, with deadline of delivery 17 January 2014 3. In case of late delivery or late payment, the late side should pay 100 (one hundred) euro extra for each next day after deadline. 4. In case of severe cancellation from any part a penalty which is needed to be payed to another partie goes to 1000 (one thousand) euro. 5. The contract longs for 10 years and means to be used ones and any other time both sides will be agreed on this statements again. Furthermore, the First Partie agrees: Me, _______________ taking liabilities for giving a payment for the 10 machines of Daily Packaging Ltd. To _____________ in a summ 2300 (two thousand three hundreds) euro during next tree month with deadline 17 January 2014. and the Second Party agrees: Me, ____________- taking all delivery costs and charges for delivery and liabilities for a machines warranty for a 6 months, starting after the date of machines delivery and any training course for the machine operators. Invalidity or unenforceability of one or more provisions of this agreement shall not affect any other provision of this agreement. This agreement is subject to the laws and...
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...LICENSE AGREEMENT This MERCHANDISING LICENSE AGREEMENT (the “M/L Agreement”) is made and entered into as of December 15, 2010 (the “Effective Date”) by and between LICENSEE(“LICENSEE”) and ARTIST(“Licensor”) with respect to the recording and performing artist, Artist(“Artist”) RECITALS RECITAL ONE. RECITAL TWO. . RECITAL THREE. RECITAL FOUR. Licensor and Artist represent and warrant to and for the benefit of LICENSEE that neither Artist no Licensor will now or hereafter make any effort or take any action to waive, disavow, renounce or reject this Agreement or Licensor and Artist’s obligations hereunder whether based on the Artist Declaration or any assertion made by Artist therein. RECITAL FIVE. THE parties agree that the following terms and conditions will govern the merchandising, licensing, fan club and ticketing relationship between Artist and Licensee on a going forward basis. Now therefore, in consideration of the foregoing and for good and valuable consideration the receipt and sufficiency of which is hereby mutually acknowledged, the parties agree as follows: MERCHANDISING AND LICENSING AGREEMENT 1) MATERIAL INDUCEMENT. Licensor understands and agrees that the representations and warranties set forth in Recital Three and Recital Four, above, are a material inducement to LICENSEE’s entering into this M/L Agreement and that a breach of either such representation and warranty will constitute a material breach of this M/L Agreement and the Settlement M/L Agreement. 2) LICENSES...
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...Sales and Distribution (SD) Release 4.6C MYSAP.ROLES_S_SD Sales and Distribution (SD) SAP AG Copyright © Copyright 2001 SAP AG. All rights reserved. No part of this publication may be reproduced or transmitted in any form or for any purpose without the express permission of SAP AG. The information contained herein may be changed without prior notice. Some software products marketed by SAP AG and its distributors contain proprietary software components of other software vendors. Microsoft , WINDOWS , NT , EXCEL , Word , PowerPoint and SQL Server are registered trademarks of Microsoft Corporation. IBM , DB2 , OS/2 , DB2/6000 , Parallel Sysplex , MVS/ESA , RS/6000 , AIX , S/390 , ® ® ® AS/400 , OS/390 , and OS/400 are registered trademarks of IBM Corporation. ORACLE is a registered trademark of ORACLE Corporation. INFORMIX -OnLine for SAP and Informix Dynamic Server Informix Software Incorporated. ® ® ® ® ® ® TM ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® are registered trademarks of UNIX , X/Open , OSF/1 , and Motif are registered trademarks of the Open Group. HTML, DHTML, XML, XHTML are trademarks or registered trademarks of W3C , World Wide Web Consortium, Massachusetts Institute of Technology. JAVA is a registered trademark of Sun Microsystems, Inc. JAVASCRIPT is a registered trademark of Sun Microsystems, Inc., used under license for technology invented and implemented by Netscape. SAP, SAP Logo, R/2, RIVA, R/3, ABAP, SAP ArchiveLink, SAP Business Workflow, WebFlow...
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...Deposits Clauses in Sale and Purchase Agreement 1. Introduction There are two types of sale and purchase agreement: 1. provisional sale and purchase agreement, hereinafter the provisional agreement and, 2. formal sale and purchase agreement, hereinafter the formal agreement. The former is also called the Lum See Sale and Purchase Agreement. The latter one is also called Sale and Purchase Agreement. In Hong Kong, before signing the formal agreement, the vendor and the buyer will normally sign on a provisional agreement. Deposits will be paid during the whole transaction process. Normally there are two payments of deposits from the buyer to the vendor. The first type of the deposit is paid at the time of signing of the provisional agreement, called the initial deposit. The second type of the deposit is paid at the time of signing the formal agreement. Hereinafter, we would refer to this type of deposit as second deposit. There is no legislation in Hong Kong regulating the size of the total deposits. The deposit is a mutual agreement between the buyer and the vendor. Forfeiture clause of the deposit is usually clause under the contract which allows the vendor to forfeit the deposit. In this report, we will discuss the size of the deposit, the validity of the forfeiture clause by illustrating the principles lie behind the forfeiture of deposits through four cases. 2. Size of the Deposit In Hong Kong, most of the contracts (either provisional agreements or formal agreements)...
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...Sales Contract This Sales Agency Agreement (“Agreement”) is made and effective this [DATE], BETWEEN: [PRINCIPAL NAME] (the “Principal”), a corporation organized and existing under the laws of the [STATE/PROVINCE], with its head office located at: AND: [AGENT NAME] (the “Agent”), a corporation organized and existing under the laws of the [STATE/PROVINCE], with its head office located at: NOW, THEREFORE, in consideration of the mutual agreements and covenants herein contained the parties hereto agree as follows: 1. RECITALS a. Principal is a manufacturer of [PRODUCT] and desires to appoint Agent as general sales Agent for the sale of Principal’s product [IF APPROPRIATE, ADD: AND OTHER REGULAR-LINE PRODUCTS AND ACCESSORIES OF PRINCIPAL] in the following territory: [DESCRIBE TERRITORY]. b. Agent desires to accept such appointment and to perform all the provisions of this agreement. 2. DURATION The term of the agency created shall be [PERIOD OF TIME], beginning [DATE], unless sooner terminated. 3. AGENT’S BEST EFFORTS Agent agrees to devote Agent’s whole time and best efforts to the business of Principal in the described territory under the direction of Principal’s officers or representatives, and to conform to the best of Agent’s ability with the rules, regulations and instructions of Principal now in force or that may be adopted and mailed to Agent’s address. Agent shall employ salespersons to assist Agent, on such terms and conditions as Principal may require...
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...Identify legal and ethical requirements of property sales to complete agency work CPPDSM4008A Assignment Please read the “Guide to completing and submitting assignments” before you begin this assignment. What you need to do To successfully complete this assignment you must answer the following questions to demonstrate your knowledge. The assignment will be granted a result of “Competent” if the learning outcomes are achieved or “not yet competent” if not. If a result of “Not Yet Competent” is achieved you will be given the opportunity to resubmit your assignment. Your Task This task is designed for you to demonstrate your understanding of legal and ethical requirements of property sales to complete agency work. In part 1 you will investigate core functions of sales practice, including land ownership, the sale process, ethical conduct and legislative requirements. In part 2 you will complete a standard agency form to demonstrate your practical understanding to compliment the theoretical knowledge you have gained through completing the scenarios and readings. Responses to these questions can be found in the CD learning resource, relevant legislation, third party readings, resources and web links. NOTES: 1) When answering questions related to legislation you should quote the relevant section and Act (e.g. Section 32.1 Property Stock & Business Agents Act 2002) and describe the legislation IN YOUR OWN WORDS. Do not copy the legislation as...
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...Identify legal and ethical requirements of property sales to complete agency work CPPDSM4008A Assignment Please read the “Guide to completing and submitting assignments” before you begin this assignment. What you need to do To successfully complete this assignment you must answer the following questions to demonstrate your knowledge. The assignment will be granted a result of “Competent” if the learning outcomes are achieved or “not yet competent” if not. If a result of “Not Yet Competent” is achieved you will be given the opportunity to resubmit your assignment. Your Task This task is designed for you to demonstrate your understanding of legal and ethical requirements of property sales to complete agency work. In part 1 you will investigate core functions of sales practice, including land ownership, the sale process, ethical conduct and legislative requirements. In part 2 you will complete a standard agency form to demonstrate your practical understanding to compliment the theoretical knowledge you have gained through completing the scenarios and readings. Responses to these questions can be found in the CD learning resource, relevant legislation, third party readings, resources and web links. NOTES: 1) When answering questions related to legislation you should quote the relevant section and Act (e.g. Section 32.1 Property Stock & Business Agents Act 2002) and describe the legislation IN YOUR OWN WORDS. Do not copy the legislation as...
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...preparation and serving equipment. In 2005, Defendants Lindsey and Louann Naffziger expressed interest in purchasing the business from Plaintiffs, having met with Plaintiffs and observed the business in operation. It was testified by Gene Jannusch that on August 13, 2005, the parties entered into an oral agreement to see Festival Foods to the Defendants for the amount of $150,000 to which the Defendants would receive the truck, trailer and all equipment, including the opportunity to work at locations which had been secured by the Plaintiffs. Defendants paid Plaintiffs $10,000 up front with the balance to be paid when Defendants received loan funds from the bank. While awaiting the loan’s approval and having given the Plaintiffs a downpayment, Defendants took possession of the business and operated it for the remainder of the 2005 season. Titles to the truck and trailer remained in Gene Jannusch’s name until he received the full purchase price from Defendants. Louann Naffziger acknowledged that an oral agreement was made to purchase the business but also testified that she could not recall the specific date of the agreement. Gene Jannusch suggested that the parties put the agreement in writing, however, Defendants responded that they were “in no position to sign anything” without having received the loan money and did not have an attorney. Eventually, Defendants did speak to an attorney and the loan was approved. Lindsey acknowledged that she and Louann...
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...In accordance with Article 2 (Sales) of the UCC The Uniform Commercial Code (UCC) is a model statute that has been adopted by every state in the United States in its entirety (except for Louisiana) (http://www.legalmatch.com/law-library/article/uniform-commercial-code-lawyers.html). The UCC is most often used to resolve contract disputes for the sale of goods (http://www.legalmatch.com/law-library/article/uniform-commercial-code-lawyers.html). When a sale of goods dispute arises, the UCC is the body of law that governs, however, a sale of goods dispute is governed only by Article 2 of the UCC and every other article in the UCC governs a different type of transaction (http://www.legalmatch.com/law-library/article/uniform-commercial-code-lawyers.html). Something is a sale if the ownership of the goods is passed from a seller to a buyer for a price (http://www.legalmatch.com/law-library/article/uniform-commercial-code-lawyers.html). Getting a loan from the bank is not a sale because noting in fact passes from seller to buyer (http://www.legalmatch.com/law-library/article/uniform-commercial-code-lawyers.html). Something is a good if the item is tangible and movable, so selling the rights to a trademark is not a sale of goods because the trademark is not tangible (http://www.legalmatch.com/law-library/article/uniform-commercial-code-lawyers.html). The sale of your home is also not a sale of goods because the home is not movable (http://www.legalmatch.com/law-library/article/uniform-commercial-code-lawyers...
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...THE SALE OF GOODS ACT Contract of sale: A contract of sale of goods is a contract where by the seller transfers OR agrees to transfer the property in the goods to the buyer for a price. Such a sale may be absolute OR conditional. Where under a contract of sale the property in the goods is transferred from the seller to the buyer the contract is termed as sale. Where the transfer of property in the goods is to take place at a future date OR after certain conditions are fulfilled the contract is termed as an ‘agreement to sale’. An agreement to sale becomes a sale after the expiry of the time agreed upon OR after the condition is fulfilled. Essentials of a contract of sale:- 1) Parties: The buyer & the seller who must be competent to contract. 2) Goods: The contract must be in respect of the sale of goods. 3) Transfer of ownership: There must be a transfer of ownership from the seller to the buyer i.e. the buyer becomes the owner of the goods after sale. 4) Consideration: Consideration of a contract of sale is always in terms of money. 5) Form: For a contract of sale there is no particular form prescribed. It can be in writing OR oral. 6) A contract of sale may be absolute OR conditional. A contract of sale is of 2 types:- When it is absolute the ownership of the goods is transferred to the buyer. Such a contract is termed as a sale. When the contract is conditional the ownership of the goods is transferred...
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...transfer provisions included in the agreement, determine whether the provision would preclude sales accounting. Alternative 1 — Fail sale accounting criteria because of Transfer Provision 1. ASC 860-10-40-5(b) requires that the bank have the right to pledge or exchange the accounts receivable it received and that no condition both “constrains [the bank] from taking advantage of its right to pledge or exchange [the receivables and] provides more than a trivial benefit” to UpBeat Inc. Transfer Provision 1 (outlined in the case document) indicates that the bank is constrained because it has to obtain permission from UpBeat if it decides to sell or pledge the receivables. This constraint would preclude achievement of the sale criteria under ASC 860-10-40-5(b). Alternative 2 — Fail sale accounting criteria because of Transfer Provision 2. ASC 860-10-40-5(b) requires that the bank have the right to pledge or exchange the accounts receivable it receives and that no condition both constrains the bank “from taking advantage of its right to pledge or exchange [the receivables and] provides more than a trivial benefit” to UpBeat. Because similar accounts receivable are not readily available in the marketplace, the transferee is constrained. The transferee cannot sell the accounts receivable because they would not be available for delivery to the transferor if the transferor were to exercise its call. ASC 860-10-40-5(c) requires as a condition for sale accounting that UpBeat not maintain...
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...LICENCE_AGREEMENT This license agreement (hereinafter called “Agreement”), made and entered into as of January 24, 2013(the “Effective Date”), is by and between: ABCCanada inc., and LICENCE CO, (“LICENCE CO”), hereinafter sometimes individually referred to as “Party” and collectively as “Parties.” WHEREAS LICENCE CO is a limited partnership which has been created to manage the intellectual property rights of the ■ (hereafter “UNIVERSITY”) and other third parties; and WHEREAS, ■ developed an innovation related to ■ (the “Invention”), which has been partially disclosed in the patent application …, the (“Patents”). WHEREAS, ■ has assigned its intellectual property rights in the Technology to LICENCE CO through an assignment of intellectual property rights signed on June 16, 2005. WHEREAS, ABC CO has entered into a term sheet with LICENCE CO establishing the basic terms of an eventual licensing agreement between the Parties on August 5, 2011 (the “Term Sheet”). WHEREAS, LICENCE CO and ABC CO has entered into a license agreement on December 15, 2011, which allows the Technology of LICENCE CO to be used by ABC CO for commercial purposes. WHEREAS the Parties agree that such licence agreement shall be amended in order to rectify errors and omissions found in the Agreement. NOW THEREFORE IN CONSIDERATION of the above recitals and the mutual benefits to be derived hereafter, the Parties agree as follows: 1. DEFINITIONS IN THIS AGREEMENT For all purposes of this Agreement the following terms...
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...Exposure Draft Accounting Standard (AS) 9 (Revised 20XX) (Corresponding to IAS 18) Revenue (Last date for Comments: June 07, 2010) Issued by Accounting Standards Board The Institute of Chartered Accountants of India 2 Exposure Draft Accounting Standard 9 (Revised 20XX) (Corresponding to IAS 18) Revenue Contents Objective Scope Definitions Measurement of revenue Identification of the transaction Sale of goods Rendering of services Interest, royalties and dividends Disclosure Effective date 1–6 7–8 9–12 13 14–19 20–28 29–34 35–36 37–39 Paragraphs Appendices A Revenue—Barter Transactions Involving Advertising Services (Corresponding to SIC 31) Customer Loyalty Programmes (Corresponding to IFRIC 13) Agreements for the Construction of Real Estate (Corresponding to IFRIC 15) Transfers of Assets from Customers (Corresponding to IFRIC 18) B C D 3 E References to matters contained in other Accounting Standards F Illustrative examples Sale of goods Rendering of services Interest, royalties and dividends Recognition and measurement G H Comparison with IAS 18, Revenue Major differences between the Exposure Draft of AS 9 (Revised 20XX), Revenue, and the existing AS 9 (Issued 1985) 4 INVITATION TO COMMENT The Accounting Standards Board of the Institute of Chartered Accountants of India invites comments on any aspect of this Exposure Draft of the Accounting Standard (AS) 9 (Revised 20XX), Revenue. The Board would particularly welcome answers...
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...| SALE OF GOODS ACT, 1930 | | | master of finance and control (Part 1) September 30, 2011 Submitted by: Nishtha Tewari-2506 Aditi Rao-2560 Jasmeet Kaur-2562 SALE OF GOODS ACT, 1930 ACKNOWLEDGEMENT We would like to extend our gratitude towards Dr. Nidhi Jain for her guidance and constant supervision as well as for providing necessary information regarding the project & also for her support in completing the project. SALE OF GOODS ACT, 1930 CONTENTS I. Contract of Sale of Goods II. Overview III. Characteristics of a Contract of Sale of Goods IV. Sale v/s Agreement to sell V. Sale v/s Hire Purchase VI. Sale v/s Contract for Work and Labor VII. Kinds of Goods VIII. Perishing of Goods IX. The Price X. Modes of Price fixing XI. Agreement to sell at Valuation XII. Earnest or Deposit XIII. Stipulations as to Time XIV. Document of Title of goods XV. Conditions and Warranties XVI. Misrepresentation and Stipulation XVII. Conditions v/s warranties XVIII. When condition can be treated as warranty XIX. Implied Conditions XX. Warranties XXI. Implied Warranties XXII. Doctrine of Caveat Emptor XXIII. Exceptions to Doctrine of Caveat Emptor HISTORY BEHIND THE ACT * Sale of Goods act is a very old mercantile law. The Contracts of Sale of Goods was initially covered in Indian Contract Act, 1872 (Chapter V11) * Since the Indian Contract Act itself was a part...
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...Identify legal and ethical requirements of property sales to complete agency work CPPDSM4008A Assignment Please read the “Guide to completing and submitting assignments” before you begin this assignment. What you need to do To successfully complete this assignment you must answer the following questions to demonstrate your knowledge. The assignment will be granted a result of “Competent” if the learning outcomes are achieved or “not yet competent” if not. If a result of “Not Yet Competent” is achieved you will be given the opportunity to resubmit your assignment. Your Task This task is designed for you to demonstrate your understanding of legal and ethical requirements of property sales to complete agency work. In part 1 you will investigate core functions of sales practice, including land ownership, the sale process, ethical conduct and legislative requirements. In part 2 you will complete a standard agency form to demonstrate your practical understanding to compliment the theoretical knowledge you have gained through completing the scenarios and readings. Responses to these questions can be found in the CD learning resource, relevant legislation, third party readings, resources and web links. NOTES: 1) When answering questions related to legislation you should quote the relevant section and Act (e.g. Section 32.1 Property Stock & Business Agents Act 2002) and describe the legislation IN YOUR OWN WORDS. Do not copy the legislation as...
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