| 29

UNITS Buyingandsellinggoodsandservices

1 Delivery
1.4 Failure on the part of SELLER to meet the terms of delivery shall entitle PURCHASER to invoke tle
following penalty clauseterms: for everyweek or part thereof by which the delivery date is exceeded,[-l a.
The rights of PURCHASER under 8.1 shall remainunaffected.

3 MinimumOndcrs
3.1 PLJRCHASER undertakes to purchase during the first 24 months following signature of this
agreement| 1". The minimum amount ordered each calendar month shall be according to the details set
out therein.

4 Prie
4.1 The price chargedfor the goods shall be in aocordancewith the pricelist g9!g! in Annex 2. The stated
price shatl be bigsligg on both the seller and the purchaserfor the duration of this agreement.

5 Drnation ;
5.1This agrcementshall be for a period.of two yearsfrom the date of signaturel-l c.
5.2 The agreementshall be renewedautomatically fiora further period of ohecalendaryear unlesseitler SELLER
or PURCHASER terminatesin accordancewith the provisionscontdined in 8,2 below.

t Termhetion
8.1 Should SELLER: (i) fail to providesatisfactoryperformanceof this agreementor (ii) fail to fulfil any of
its obligations hereunderor (iii) becomebankrupt or havea windinq up petition made against it or havea
liquidator or administratorappointed,I lo.
8.2 In all other cas€s,notice to terminate must be madein writing by either SELLER or PURCHASER no later
than 90 days in advanceof the expiry date as defined in 5.1 above.

10 Warrrnties
l0.l SELLER warrants that the goods will comoly with the cpecifcations as set out in Annex I and will be free
of defects(other than those causedby bcorrect usageor operation by PURCHASER) I t.
10.2Pursuantto theabovewarrantySELLERguaratrtees
thatallerreceiptof writtennoticefromPURCHASER Z
it will promptlyrepairor replaceat PURCHASER'soption and to PURCHASER'S entiresatisfaction ?
T-lf ?
L,r' z.
I\sl

ll Wrrranty of title
I l.l SELLER wanants that the GOODS I c SELLER shall indemnifv PURCHASER on demand against
any claims made by third parties in this regard.

12 Applicablehwandiuisdiction
12.1 This agreementshall be governedby the laws of England and Wales
n.2nh.
28 | UNIT3 Buyingandsellinggoodsandservices

2 CompareVersionr of the Gontractof Sale with Versionz, which uses morecontemporary

language.llake notes on how the phrasesmentionedin the Did you know? box on page2Zhaye
changedbetweenthe two versions.

Versione

CONTRACT OF SALE
This agreement is madethis lst day of March 2...by and betweenDigital View plc
(registerednumber 123456),with its principal placeof businessat 17,Hopkinson
Way,AndoverSPl0, ENGLAND, (the'PURCHASER')and PixeltechnikS.A,with
its principalplaceof business at placeJourdain,34, I180 Uccle,BELGIUM (the
'SELLER') and its permittedsub-contractors and assignees.
Recitals
- The PURCHASER,a manufacturerof electricalgoods,wishesto purchasethe
the goodsspecifiedin Annex I to this agreement
(the'GOODS') subjectto the
terms and conditionsof this agreemen|
- The SELLER, a manufacturerof high-performanceLCD screens,
wishesto
manufactureand supplythe GOODS.

llow compareyour noteswith a partner.

3 Hereare someclausesfrom the contractbetweenDigital Yiew plc and Pixettechnik.

Completethe contracton page29, bv inserting phrasesr-8 below into boxesa-h.

r for a periodof threeyearsafterdelivery

2 arefreefromthe rightsof thirdparties
3 subject to the provisions
for terminationin 8.r and8.2below
4 the number of itemsspecified in Annexz
5 anydefective goodsat no additionalcost to PURCHASER
6 PURCHASER shattbe entitledto terminatetheagreement by givingzt days'written
noticeto
SELLER
7 The partiesirrevocably
submitto theexclusive jurisdiction
of Englishcourtsforthedetermination
of disputes arisingunderthiscontract.
8 PURCHASER mayreducetheagreedpricefortheorderby rolo
 ning 1: c e in
12 ..;:: Listen to Cjlawyer telling a client about some of the documents involved in
his case and answer these questions.

1 What claim has been filed against the client?

2 Will the case go to trial?

13 Match these documents (1-9) with their definitions (a-i).

1 affidavit a a document informing someone that they will be
involved in a legal process and instructing them what
they must do
2 answer b a document or set of documents containing the details
about a court case
3 brief c a document providing notification of a fact, claim or
proceeding
4 complaint d a formal written statement setting forth the cause of
action or the defence in a case
5 injunction e a written statement that somebody makes after they
have sworn officially to tell the truth, which might be
used as proof in court
6 motion f an application to a court to obtain an order, ruling or
decision
7 notice g an official order from a court for a person to stop
doing something
8 pleading h in civil law, the first pleading filed on behalf of a
plaintiff, which initiates a lawsuit, setting forth the
facts on which the claim is based
9 writ i the principal pleading by the defendant in response to
a complaint

14 ..;:: Listen again and tick the documents that the lawyer mentions.

1 answer D 2 affidavit D 3 brief D 4 complaint D 5 injunction D

6 motion D 7 notice D 8 pleading D 9 writ D
15 Match each verb used by the lawyer (1-5) with its definition (a-e).
1 to draft a document a to deliver a legal document to someone, demanding
2 to issue a document that they go to a court of law or that they obey an order
3 to file a document with an authority b to produce a piece of writing or a plan that you intend
4 to serve a document on someone to change later
(or to serve someone with a c to deliver a document formally for a decision to be
document) made by others
5 to submit a document to an d to officially record something, especially in a court
authority of law
e to produce something official
16 Decide which of the nouns in Exercise 13 can go with these verbs. The first
one has been done for you.

1 draft GU'I GU'lSLrVer,Ov brief, Ov compLoint, Ov mohon, Ov p~g

2 issue
3 file (with)
4 serve (on someone)
5 submit