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example phone sale agreement

Introduction

In Kenya, a sales agreement is a legally binding contract between a buyer and a seller that outlines the terms and conditions of a sale. This document is crucial in ensuring that both parties are clear on their obligations and rights, thereby minimizing disputes. When it comes to the sale of goods such as phones, the agreement must be meticulously drafted to cover all essential aspects of the transaction. This document will provide a comprehensive example of a phone sale agreement, tailored to meet the legal requirements in Kenya.

Table of Contents

  1. Introduction

  2. Key Elements of a Phone Sale Agreement

  3. Sample Phone Sale Agreement

  4. Relevant Case Laws and Legal Precedents

  5. Conclusion

  6. TLDR

1. Key Elements of a Phone Sale Agreement

A phone sale agreement in Kenya should include the following key elements:

  • Parties Involved: The names and addresses of the buyer and the seller.

  • Description of the Phone: Detailed description of the phone being sold, including make, model, IMEI number, and condition.

  • Purchase Price: The agreed-upon price for the phone.

  • Payment Terms: How and when the payment will be made.

  • Warranties and Representations: Any warranties provided by the seller regarding the phone.

  • Delivery Terms: How and when the phone will be delivered to the buyer.

  • Governing Law: The laws of Kenya that will govern the agreement.

  • Signatures: Signatures of both parties and any witnesses.

2. Sample Phone Sale Agreement


Phone Sale Agreement

This Phone Sale Agreement ("Agreement") is made and entered into on [Date], by and between:

Seller: Name: [Seller's Full Name]
Address: [Seller's Address]
ID Number: [Seller's ID Number]

Buyer: Name: [Buyer's Full Name]
Address: [Buyer's Address]
ID Number: [Buyer's ID Number]

1. Description of the Phone

The Seller agrees to sell, and the Buyer agrees to buy, the following phone:

  • Make: [Phone Make]

  • Model: [Phone Model]

  • IMEI Number: [IMEI Number]

  • Condition: [New/Used/Refurbished]

  • Accessories Included: [List of Accessories]

2. Purchase Price

The total purchase price for the phone is KES [Amount in Figures] ([Amount in Words] Kenyan Shillings).

3. Payment Terms

The Buyer agrees to pay the purchase price as follows:

  • Deposit: KES [Deposit Amount] upon signing this Agreement.

  • Balance: KES [Balance Amount] on or before [Date].

4. Warranties and Representations

The Seller warrants that:

  • The phone is free from any liens and encumbrances.

  • The phone is in good working condition, except as disclosed in this Agreement.

  • The Seller has the legal right to sell the phone.

5. Delivery Terms

The Seller agrees to deliver the phone to the Buyer at [Delivery Address] on or before [Delivery Date].

6. Governing Law

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

7. Signatures

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written.

Seller:


[Seller's Full Name]
Date: [Date]

Buyer:


[Buyer's Full Name]
Date: [Date]

Witness 1:


[Witness 1 Full Name]
Address: [Witness 1 Address]
Date: [Date]

Witness 2:


[Witness 2 Full Name]
Address: [Witness 2 Address]
Date: [Date]


3. Relevant Case Laws and Legal Precedents

3.1. Case Law: Momentum Credit Limited v Kabuiya (Civil Appeal E035 of 2022)

Parties: Momentum Credit Limited (Appellant) and Kabuiya (Respondent)
Outcome: The court upheld the enforceability of a sales agreement, emphasizing the importance of clear terms and mutual consent.
Relevance: This case underscores the necessity of having a well-drafted sales agreement to avoid disputes and ensure enforceability.

3.2. Case Law: Civil Appeal 156 of 1997

Parties: Not specified in the snippet
Outcome: The court ruled that interim injunction orders fell by the wayside after the main appeal was determined, allowing the respondent to exercise its power of sale.
Relevance: This case highlights the importance of adhering to the terms of a sales agreement and the legal consequences of failing to do so.

3.3. Case Law: Petition 12, 11 & 13 of 2021 (Consolidated)

Parties: Not specified in the snippet
Outcome: The court recognized the doctrine of the presumption of innocence as enshrined in the Kenyan Constitution.
Relevance: While not directly related to sales agreements, this case illustrates the broader legal principles that underpin contractual obligations in Kenya.

4. Conclusion

A well-drafted phone sale agreement is essential for ensuring a smooth transaction and minimizing disputes between the buyer and the seller. By including all the necessary elements and adhering to the legal requirements in Kenya, both parties can protect their interests and ensure a legally binding and enforceable contract.

TLDR

A phone sale agreement in Kenya should include details of the parties involved, a description of the phone, the purchase price, payment terms, warranties, delivery terms, governing law, and signatures. Relevant case laws emphasize the importance of clear terms and mutual consent in sales agreements.

Sources

  • Kenya Law Reports

  • Momentum Credit Limited v Kabuiya (Civil Appeal E035 of 2022)

  • Civil Appeal 156 of 1997

  • Petition 12, 11 & 13 of 2021 (Consolidated)

  • Land Sale Agreements in Kenya

  • Land Sale Agreement in Kenya

  • Sale Agreement Drafting and Its Salient Features

  • Law of Contract Act

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