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example phone sale agreement

Table of Contents

  1. Introduction

  2. Essential Elements of a Phone Sale Agreement

  3. Sample Phone Sale Agreement

  4. Conclusion

Introduction

This response will provide a sample phone sale agreement, outlining the essential elements required for a legally binding contract in Kenya. The agreement will be based on the principles of Kenyan contract law, ensuring compliance with relevant legislation and legal precedents.

2. Essential Elements of a Phone Sale Agreement

A valid phone sale agreement in Kenya must contain the following essential elements:

2.1. Offer and Acceptance

  • Offer: The seller must make a clear and definite offer to sell the phone, specifying the terms of the sale, including the price, model, and condition of the phone.

  • Acceptance: The buyer must accept the offer unconditionally, signifying their agreement to the terms of the sale. This can be done verbally, in writing, or through conduct. (Source: Contract Act, 1962, Section 2)

2.2. Consideration

  • The agreement must involve a valid consideration, which is the price paid by the buyer for the phone. This can be in the form of money, goods, or services. (Source: Contract Act, 1962, Section 2)

2.3. Capacity

  • Both the buyer and seller must have the legal capacity to enter into a contract. This means they must be of sound mind and of legal age (18 years old). (Source: Contract Act, 1962, Section 11)

2.4. Legality

  • The purpose of the agreement must be legal and not against public policy. (Source: Contract Act, 1962, Section 23)

2.5. Certainty

  • The terms of the agreement must be clear and certain, leaving no room for ambiguity. This includes the description of the phone, the price, and the payment terms. (Source: Contract Act, 1962, Section 29)

2.6. Intention to Create Legal Relations

  • Both parties must intend to create a legally binding agreement. This is usually presumed in commercial transactions. (Source: Contract Act, 1962, Section 2)

2.7. Other Relevant Provisions

  • Warranty: The agreement may include a warranty, which is a promise by the seller about the quality or performance of the phone. (Source: Sale of Goods Act, 1962, Section 14)

  • Delivery: The agreement should specify the method and timeframe for delivery of the phone.

  • Payment: The agreement should clearly outline the payment terms, including the amount, due date, and method of payment.

  • Dispute Resolution: The agreement may include a clause specifying the method for resolving any disputes that may arise.

3. Sample Phone Sale Agreement

Phone Sale Agreement

This Agreement is made and entered into this [Date] day of [Month], [Year], by and between:

[Seller Name] (hereinafter referred to as "Seller"), residing at [Seller Address], and

[Buyer Name] (hereinafter referred to as "Buyer"), residing at [Buyer Address].

WITNESSETH:

WHEREAS, Seller is the owner of a [Phone Model] mobile phone (hereinafter referred to as "Phone"); and

WHEREAS, Buyer desires to purchase the Phone from Seller;

NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties agree as follows:

1. Sale and Purchase

Seller agrees to sell and Buyer agrees to purchase the Phone, subject to the terms and conditions of this Agreement.

2. Description of Phone

The Phone is a [Phone Model] mobile phone, in [Condition] condition. The Phone is identified by the following IMEI number: [IMEI Number].

3. Purchase Price

The purchase price for the Phone shall be [Price] Kenyan Shillings ([Amount in Words]).

4. Payment Terms

Buyer shall pay the purchase price to Seller in full upon delivery of the Phone.

5. Delivery

Seller shall deliver the Phone to Buyer at [Delivery Location] on or before [Delivery Date].

6. Warranty

Seller warrants that the Phone is free from any defects in materials and workmanship for a period of [Warranty Period] from the date of delivery.

7. Dispute Resolution

Any dispute arising out of or relating to this Agreement shall be settled amicably between the parties. If the parties are unable to reach an amicable settlement, the dispute shall be referred to arbitration in accordance with the Arbitration Act, 1995.

8. Entire Agreement

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written.

9. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the Republic of Kenya.

10. Notices

All notices and other communications hereunder shall be in writing and shall be deemed to have been duly given when delivered personally, sent by registered mail, or sent by email to the addresses set forth above.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.

[Seller Signature]

[Buyer Signature]

4. Conclusion

This sample phone sale agreement provides a framework for a legally binding contract in Kenya. It is important to note that this is a general template and may need to be adapted to suit the specific circumstances of each transaction. It is always advisable to consult with a legal professional to ensure that the agreement meets all legal requirements and protects the interests of both parties.

Answered by mwakili.com