SALES CONTRACT

This document forms an agreement between David Whyte and The Company for the former to be sole agent for the sale of the items of redundant equipment listed and the following conditions apply :-

  1. The sole agent agreement is to run from ………… until an agreed date which must not be before …………
  2. All equipment is offered for sale by The Company and not by David Whyte the latter acting only as agent to the former.
  3. The agreed commission is to be paid to David Whyte for the sale of any listed item sold within this period whether sold by David Whyte, The Company or by a third party.
  4. David Whyte is to be paid a commission of 10% of the invoiced selling price of any item before the addition of VAT.
  5. David Whyte will undertake all advertising and mailing.
  6. The selling prices will be proposed by David Whyte but are to be agreed by The Company. However the prices must remain negotiable with prospective buyers in order that the equipment can be disposed of within the allotted time.
  7. The equipment is to be offered for sale in as seen condition without any guarantee.
  8. The sale price of any item is to include, removal, dismantling (if required) and loading to the purchasers transport by forklift truck. If crane hire is required The Company reserve the right to pass on the cost to the purchaser. If, due to constraints of time or staffing levels, certain items cannot be removed by The Company the purchaser may be allowed to remove these items himself. The selling price would be reduced accordingly and the purchaser or his appointed contractor will be required to provide proof that he is suitably qualified and indemnified to carry out such work.
  9. Any dimensions or performance figures quoted should be verified by the purchaser prior to completion of a contract.
  10. Operators manuals should be supplied with items if possible.
  11. Potential purchasers who wish to view items will be referred to The Company to make arrangements with their staff to visit the site.
  12. David Whyte reserves the right to visit the site by arrangement to gather additional information or to accompany prospective purchasers.
  13. The name The Company will not appear in any advertising material, reference will only be made to a processing plant in Some County. However prospective purchasers and visitors to the site will have to know who the vendor is.
  14. All items are to be paid for in full on or prior to collection but title in the goods will pass from the vendor only when funds are cleared.
  15. Insurance liability for the goods transfers to the buyer at the time of collection.
  16. All invoices will be raised by The Company and must carry VAT unless the purchaser is exempt.
  17. Any invoices raised by The Company for the sale of used equipment should carry the conditions of the offer and a disclaimer with regard to matters of Health and Safety. These terms may not fall within the scope of your normal conditions of sale.
  18. Failure to collect money from purchasers will not affect payment of the commission to David Whyte.
  19. David Whyte will raise commission invoices monthly for payment within the following month.
  20. All equipment offered for sale by The Company must be owned by The Company. If any items offered for sale by David Whyte are covered by lease, contract hire or hire purchase agreements the liability for the sale of such items rests with The Company.

Signed on behalf of The Company

Date