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Monday, February 24, 2014

SALE OF GOODS AGREEMENT

THIS AGREEMENT for the Sale of Goods is made and effective on this ……day of …………, ‎‎2014, by and between: ‎
  • name (ic no.) of address (hereinafter called “the Seller”) of the one part, and ‎
  • name (ic no.) of address (hereinafter called “the Buyer”) of the other part.‎

Whereas the Seller desires to sell to the Buyer, and the Buyer desires to purchase from the Seller, ‎certain tangible personal property at a purchaser price but subject to the terms and conditions ‎hereinafter appearing. ‎

THEREFORE, in consideration of the mutual promises herein contained, the parties hereto agree as ‎follows:‎‎

‎1‎ The Seller agrees to sell, transfer and convey to the Buyer, and the Buyer agrees to purchase the ‎following tangible personal property namely, a motorcycle specifically defined as ………….. ‎‎(hereinafter referred to as “the Goods”) with all the rights, title, interest, and benefit of the said ‎property free from any encumbrances, liens, and whatsoever claims from any third party. ‎‎

‎2‎ In consideration of the Seller agreeing to sell and convey the Goods to the Buyer, the Buyer shall ‎pay to the Seller the sum of ……….. (Ringgit Malaysia …………….. Only) (hereinafter referred to as ‎‎“the Price”) either ‎‎

a) ‎ wholly in cash; or‎

b)‎ to pay all monthly installments of a hire-purchase sum equivalent to the Price above-mentioned ‎with any bank or financial institution agreed to be paid by the Seller as part of the purchase price ‎secured by the Seller for the purchase of a ……………, notwithstanding the said hire-purchase is ‎under the name of the Seller or his nominee, and agree to be bound and observe all such terms and ‎conditions durations, interest, including late charges accrued thereunder until the said loan sum is ‎satisfied in full. ‎‎

‎3‎ The sale of the Goods is subject to the following conditions:‎‎

a) ‎ it is sold “AS IS” condition, and the Seller makes no warranty, whether express or implied, of ‎quality, merchantability, fitness for particular purpose or of any kind to the Buyer; and ‎‎

b) ‎ the Buyer acknowledges that he has not been induced by any statements or representations of the ‎Seller and/or any person with respect to the quality or condition of the Goods and that no such ‎statements or representations have been made. The Buyer acknowledges that he has relied solely ‎on the investigations, examinations, and inspections as the Buyer has chosen to make and that the ‎Seller has afforded the Buyer the opportunity for full and complete investigations, examinations, ‎and inspections for the purposes aforesaid.‎‎

‎4‎ The Seller shall deliver the Goods to the Buyer at any appropriate delivery date to be fixed and ‎agreed by the parties. Upon delivery by the Seller and acceptance by the Buyer, the risk of loss of ‎the Goods shall pass wholly to the Buyer. Transfer of title, registration and full ownership rights in ‎The Goods shall then be affected or caused to be affected by the Seller unto the name of the Buyer or ‎his nomine free of any encumbrances, liens, and whatsoever claims from any third party with the ‎appropriate Registry Authority as soon as may reasonable be practicable notwithstanding the Buyer ‎has not yet settled or deemed to settle in full the hire-purchase to the Bank or financial institution if in ‎the event the Buyer chooses to pay by way of installments as provided in Clause 2(b) above-‎mentioned. ‎‎

‎5‎ This Agreement shall become effective and in full force from the date of this Agreement.‎‎

‎6 ‎ Time wherever mentioned shall be the essence of this Agreement.‎‎

‎7‎ ‎ Any notice required by this Agreement or given in connection with it, shall be in writing and shall ‎be given to the appropriate party by personal delivery or any recognized over night delivery services ‎or under ordinary post to he last known addresses, namely;‎
  • If to the Seller: address.‎‎
  • If to the Buyer: address.‎‎
‎8 ‎ The waiver or failure of either party to exercise in any respect any right provided in this ‎Agreement shall not be deemed a waiver of any other right or remedy to which any of the parties ‎hereto may be entitled.‎‎

‎9‎ The terms and conditions set forth herein constitute the entire agreement between the parties and ‎supersede any communications or previous agreements with respect to the subject matter of this ‎Agreement. There are no written or oral understandings directly or indirectly related to this Agreement ‎that are not set forth herein. No change can be made to this Agreement other than in writing and ‎signed by both parties/ If any term of this Agreement is held by a court of competent jurisdiction to be ‎invalid or unenforceable, then this Agreement, including all of the remaining terms, will remain in full ‎force and effect as if such invalid or unenforceable term had never been included.‎‎

‎10 ‎ This Agreement shall be construed and enforced according to the laws of Malaysia and any ‎dispute under this Agreement shall be brought in this venue and no other.‎‎

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written ‎above.‎‎

Signed by ‎ ‎                                                                                    ]‎
name                                                                                           ]‎
‎(ic no)‎                                                                                         ‎]‎
In the presence of:‎                                                                        ‎]‎




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‎(name and nric no. of witness)‎ ‎



Signed by                                                                                   ‎ ‎]‎
name ‎                                                                                        ]‎
‎(ic no)‎ ‎                                                                                      ]‎
‎In the presence of:‎ ‎                                                                     ]‎




‎------------------------------------------------------------------------------‎
 ‎(name and nric no. of witness)‎ ‎ ‎

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