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Sale Agreement William Gehrke
Sale Agreement William Gehrke
PTY. LTD.
Osborne Park
WA 6017, Australia
ABN 91 098 181 527
+61871303729
sales@agri-machine-consulting.com
- AND -
Sale of Goods
1. The Seller will sell, transfer and deliver to the Buyer the following goods on or before 30
June 2023 (the 'vehicle'):
• New/Used: Used
• Make: Bandit
Services
2. The Seller will also provide the following services to the Buyer:
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Purchase Price
3. The Buyer will accept the Goods and pay for the Goods with the sum of $5,600.00
(AUD) (the 'Purchase Price'), paid as follows:
4. The Seller and the Buyer both acknowledge the sufficiency of this consideration. There is
no other future tax to be paid.
5. The Purchase Price is inclusive of Goods and Services Tax. The Seller will provide a
valid tax invoice to the Buyer that complies with requirements imposed by the
Australian Taxation Office.
Payment
6. The payment will be refunded to the Buyer if this transaction is not completed (either by
external factors or after the 15 days inspection period). A refund is usually done in
less than 5(five) business days by means of bank wire transfer to the originated bank
account(bank account from which a transfer originates).
Payment for the vehicle will be made to the Seller prior delivery.
Delivery of Goods
7. The vehicle will be deemed received by the Buyer when delivered to the Buyer at
49 Werner Lane, Toogoolawah 4313 QLD, Australia. Delivery will be handled by
the Seller. The vehicle will be delivered before June 30th. The seller will be notified
of the delivery date no less than 3 days ahead.
Risk of Loss
8. The risk of loss from any casualty to the vehicle, regardless of the cause, will be on the
Seller until the vehicle have been received by the Buyer. The Seller will provide, at its
expense, insurance on the vehicle insuring the Seller's and the Buyer's interest as they
appear.
Warranties
9. The Seller warrants that the vehicle will be fit for the purpose for which such goods are
ordinarily intended.
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10. The Seller warrants that the vehicle is now free and at the time of delivery will be free
from any security interest or other lien or encumbrance, except the security interest
created in this Agreement.
11. The Seller makes no warranty, and no warranty will be deemed to exist, that the Buyer
holds the Goods free of the claim of any third person that may arise from patent or
trademark infringement.
13. The Buyer has been given the opportunity to inspect the Goods or to have it inspected and
the Buyer has accepted the Goods in its existing condition.
Title
14. The Registration Certificate / Ownership Title Transfer documents will be delivered
together with the item.
Inspection
15. All vehicles will be fully inspected. In addition, a 15 (fifteen) days test period is granted
to the buyer, where the item can be tested within the limit of 100 hours or 15 days.
16. Any refund will not include costs of delivery or installation/de-installation. Those costs
will be borne by the Buyer.
Claims
17. The Buyer's failure to give notice of any claim within 15 days from the date of delivery
will constitute an unqualified acceptance of the vehicle and a waiver by the Buyer of
all claims with respect to the vehicle.
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Agri-Machine Consulting
Sales Agreement
terminate this Agreement by notice in writing to the Buyer, which notice will be
accompanied by full refund of all sums paid by the Buyer pursuant to this Agreement.
In all other cases, if the Seller fails to deliver the vehicle to the Buyer within the time
and manner specified in this Agreement, the Buyer may provide written notice of the
default to the Seller. If within seven (7) days of the notice being received, or within
such other time period as agreed to by the parties, the default is not corrected, the
Buyer may immediately terminate this Agreement.
Remedies
19. The Buyer's exclusive remedy and the Seller's limit of liability for any and all losses or
damages resulting from defective goods or from any other cause will be for the
Purchase Price of the particular delivery with respect to which losses or damages are
claimed, plus any transportation charges actually paid by the Buyer.
Cancellation
20. The Seller reserves the right to cancel this Agreement:
Notices
21. Any notice to be given or document to be delivered to either the Seller or Buyer pursuant
to this Agreement will be sufficient if delivered personally or sent by prepaid
registered post to the address specified below. Any written notice or delivery of
documents will have been given, made and received on the day of delivery if
delivered personally, or on the third (3rd) consecutive business day next following the
date of posting if sent by prepaid registered post:
SELLER:
BUYER:
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22. If any dispute relating to this Agreement between the Seller and the Buyer is not resolved
through informal discussion within 14 days from the date a dispute arises, the parties
agree to submit the issue before a mediator. The decision of the mediator will not be
binding on the parties. Any mediator must be a neutral party acceptable to both the
Seller and the Buyer. The cost of any mediations will be shared equally by the parties.
Additional Provisions/DOCUMENTS
23. Will supply all spare keys, service manuals, and attachments if any, upon delivery
day. Any other documents in the Seller’s possession relating to his acquisition of the
machinery, which may include: equipment manuals; service records; Receipts for
repair work.
24. A 15 (fifteen) days test period is granted to the buyer, where the vehicle can be tested
within the limit of 100 hours or 15 days.
25. If the vehicle is not as described, Agri-Machine Consulting PTY accepts the Return and
General Provisions
26. Headings are inserted for convenience only and are not to be considered when
interpreting this Agreement. Words in the singular mean and include the plural and
vice versa. Words in the masculine mean and include the feminine and vice versa.
27. All representations and warranties of the Seller contained in this Agreement will survive
28. The Buyer may not assign its right or delegate its performance under this Agreement
without the prior written consent of the Seller, and any attempted assignment or
delegation without such consent will be void. An assignment would change the duty
imposed by this Agreement, would increase the burden or risk involved and would
impair the chance of obtaining performance or payment.
29. This Agreement cannot be modified in any way except in writing signed by all the parties
30. This Agreement will be governed by and construed in accordance with the laws of the State of
Western Australia and the Seller and the Buyer hereby attorn to the jurisdiction of the Courts of the State
of Western Australia.
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31. If any clause of this Agreement is held unconscionable by any court of competent
jurisdiction, arbitration panel or other official finder of fact, the clause will be deleted
from this Agreement and the balance of this Agreement will remain in full force and
effect.
32. This Agreement will inure to the benefit of and be binding upon the Seller and the Buyer
and their respective successors and assigns.
33. This Agreement may be executed in counterparts. Facsimile signatures are binding and
are considered to be original signatures.
35. This Agreement constitutes the entire agreement between the parties and there are no
further items or provisions, either oral or otherwise. The Buyer acknowledges that it
has not relied upon any representations of the Seller as to prospective performance of
the Goods, but has relied upon its own inspection and investigation of the subject
matter.
IN WITNESS WHEREOF the parties have executed this Sales Agreement on this
________ day of ________________, ________.
______________________________ ______________________________
(Witness) Agri-Machine Consulting PTY (Seller)
______________________________ ______________________________
(Witness) William Gehrke (Buyer)
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