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.
The Travis Texas Agreement for Sale of Equipment is a legal document that outlines the terms and conditions of a sale transaction involving equipment in the state of Texas. This agreement is specifically designed for situations where additional proposed terms are expressly rejected, and contains a disclaimer of warranties. Key Terms: 1. Equipment: This refers to the specific machinery or tools being sold, and may include vehicles, appliances, electronic devices, or any other type of equipment. 2. Parties: The agreement identifies the parties involved in the transaction, usually the seller and the buyer. It includes their legal names and any relevant contact information. 3. Purchase Price: The agreed-upon price that the buyer will pay to the seller in exchange for the equipment. 4. Payment Terms: This section outlines the details of how and when the purchase price will be paid, including any installment plans or financing arrangements. 5. Delivery and Acceptance: Describes how the equipment will be delivered to the buyer, including any associated costs or responsibilities. It also specifies when the buyer must formally accept the equipment after it has been delivered. 6. Title and Risk of Loss: Clarifies when the buyer assumes ownership of the equipment and when the risk of loss or damage passes from the seller to the buyer. 7. Disclaimer of Warranties: This section explicitly states that the equipment is being sold "as-is," without any warranties or guarantees from the seller regarding its condition or fitness for a particular purpose. It highlights that the buyer is assuming all risks and responsibilities for the equipment. 8. Indemnification: Outlines the rights and obligations of both parties regarding any claims, damages, or liabilities that may arise from the sale transaction. 9. Governing Law and Venue: Specifies that any disputes or legal actions related to the agreement will be subject to the laws of the state of Texas and will be resolved in a specific court or jurisdiction. Different Types: 1. Standard Travis Texas Agreement for Sale of Equipment: This is the most common version of the agreement, suitable for general sales of equipment where additional proposed terms are expressly rejected and no specific warranties are provided. 2. Customized or Tailored Travis Texas Agreement for Sale of Equipment: This type of agreement may include additional terms, such as specific warranties, provisions for service or maintenance, or unique conditions agreed upon by the parties involved. However, it should still maintain the fundamental elements of the standard agreement, including the rejection of additional proposed terms and the disclaimer of warranties. In conclusion, the Travis Texas Agreement for Sale of Equipment is a comprehensive legal document used for selling equipment in Texas. It protects both the buyer and the seller by clearly defining the terms of the transaction, while expressly rejecting additional proposed terms and providing a disclaimer of warranties.The Travis Texas Agreement for Sale of Equipment is a legal document that outlines the terms and conditions of a sale transaction involving equipment in the state of Texas. This agreement is specifically designed for situations where additional proposed terms are expressly rejected, and contains a disclaimer of warranties. Key Terms: 1. Equipment: This refers to the specific machinery or tools being sold, and may include vehicles, appliances, electronic devices, or any other type of equipment. 2. Parties: The agreement identifies the parties involved in the transaction, usually the seller and the buyer. It includes their legal names and any relevant contact information. 3. Purchase Price: The agreed-upon price that the buyer will pay to the seller in exchange for the equipment. 4. Payment Terms: This section outlines the details of how and when the purchase price will be paid, including any installment plans or financing arrangements. 5. Delivery and Acceptance: Describes how the equipment will be delivered to the buyer, including any associated costs or responsibilities. It also specifies when the buyer must formally accept the equipment after it has been delivered. 6. Title and Risk of Loss: Clarifies when the buyer assumes ownership of the equipment and when the risk of loss or damage passes from the seller to the buyer. 7. Disclaimer of Warranties: This section explicitly states that the equipment is being sold "as-is," without any warranties or guarantees from the seller regarding its condition or fitness for a particular purpose. It highlights that the buyer is assuming all risks and responsibilities for the equipment. 8. Indemnification: Outlines the rights and obligations of both parties regarding any claims, damages, or liabilities that may arise from the sale transaction. 9. Governing Law and Venue: Specifies that any disputes or legal actions related to the agreement will be subject to the laws of the state of Texas and will be resolved in a specific court or jurisdiction. Different Types: 1. Standard Travis Texas Agreement for Sale of Equipment: This is the most common version of the agreement, suitable for general sales of equipment where additional proposed terms are expressly rejected and no specific warranties are provided. 2. Customized or Tailored Travis Texas Agreement for Sale of Equipment: This type of agreement may include additional terms, such as specific warranties, provisions for service or maintenance, or unique conditions agreed upon by the parties involved. However, it should still maintain the fundamental elements of the standard agreement, including the rejection of additional proposed terms and the disclaimer of warranties. In conclusion, the Travis Texas Agreement for Sale of Equipment is a comprehensive legal document used for selling equipment in Texas. It protects both the buyer and the seller by clearly defining the terms of the transaction, while expressly rejecting additional proposed terms and providing a disclaimer of warranties.
