Contract law as to offers is applicable to a sales contract, with the following exception. A firm offer by a merchant cannot be revoked if the offer: (i) expresses an intention that it will not be revoked; (ii) is in a writing; and (iii) is signed by the merchant.
An express period of irrevocability in the offer cannot exceed three months. If nothing is said as to the duration of the offer, the offer can be revoked after a reasonable time. A firm offer is effective regardless of whether the merchant received any consideration to keep the offer open.
An offer to buy or sell goods may be accepted in any manner and by any medium that is reasonable under the circumstances. However, if a specific manner or medium is clearly required by the terms of the offer or the circumstances of the case, the offer can only be accepted in that manner.
Unless it is expressly specified that an offer to buy or sell goods must be accepted just as made, the offeree may accept an offer and at the same time propose an additional term. This form is clear that the offer is not subject to change.
San Diego California Agreement for Sale of Equipment; Additional Proposed Terms Are Expressly Rejected; Disclaimer of Warranties is a legally binding document used in San Diego, California, to facilitate the purchase and sale of equipment. This agreement outlines the terms and conditions that both the buyer and seller must adhere to during the transaction. Here are some details about this agreement and its various types: 1. San Diego California Agreement for Sale of Equipment: — This type of agreement is specific to the city of San Diego and follows the legal guidelines applicable in the state of California. — It covers the sale of equipment, which can include machinery, vehicles, electronics, or any other tangible assets intended for commercial or industrial use. 2. Additional Proposed Terms Are Expressly Rejected: — This clause ensures that any additional terms proposed by either party, apart from those stated in the agreement, are explicitly rejected. — It aims to avoid confusion or potential disputes arising from conflicting or unauthorized terms being introduced during the negotiation process. 3. Disclaimer of Warranties: — This section emphasizes that the equipment being sold is purchased "as is" or "with all faults." — It states that the seller makes no warranties or guarantees regarding the condition, performance, or suitability of the equipment for a specific purpose. — This disclaimer acts as a safeguard for the seller, ensuring they cannot be held accountable for any defects or issues discovered after the sale is completed. By including these components in the San Diego California Agreement for Sale of Equipment; Additional Proposed Terms Are Expressly Rejected; Disclaimer of Warranties, both parties can have a clear understanding of their rights and obligations. It helps mitigate potential disputes and serves as a legal framework for the equipment sale process in San Diego, California.San Diego California Agreement for Sale of Equipment; Additional Proposed Terms Are Expressly Rejected; Disclaimer of Warranties is a legally binding document used in San Diego, California, to facilitate the purchase and sale of equipment. This agreement outlines the terms and conditions that both the buyer and seller must adhere to during the transaction. Here are some details about this agreement and its various types: 1. San Diego California Agreement for Sale of Equipment: — This type of agreement is specific to the city of San Diego and follows the legal guidelines applicable in the state of California. — It covers the sale of equipment, which can include machinery, vehicles, electronics, or any other tangible assets intended for commercial or industrial use. 2. Additional Proposed Terms Are Expressly Rejected: — This clause ensures that any additional terms proposed by either party, apart from those stated in the agreement, are explicitly rejected. — It aims to avoid confusion or potential disputes arising from conflicting or unauthorized terms being introduced during the negotiation process. 3. Disclaimer of Warranties: — This section emphasizes that the equipment being sold is purchased "as is" or "with all faults." — It states that the seller makes no warranties or guarantees regarding the condition, performance, or suitability of the equipment for a specific purpose. — This disclaimer acts as a safeguard for the seller, ensuring they cannot be held accountable for any defects or issues discovered after the sale is completed. By including these components in the San Diego California Agreement for Sale of Equipment; Additional Proposed Terms Are Expressly Rejected; Disclaimer of Warranties, both parties can have a clear understanding of their rights and obligations. It helps mitigate potential disputes and serves as a legal framework for the equipment sale process in San Diego, California.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.