THIS AGREEMENT is made the ______ day of _________________ year _____
BETWEEN: (1) _________________ of _________________(the ‘Buyer’); and (2) _________________ of_________________(the ‘Seller’).
NOW IT IS HEREBY AGREED as follows:
1. In consideration for the sum of ________________, receipt of which the Seller hereby acknowledges, the Seller hereby sells and transfers to the Buyer and his/her successors and assigns absolutely, the following goods (the ‘Goods’): _________________ _________________ _________________
[2. Although this sale is not made in the course of any business of the Seller, it is nonetheless agreed that the statutory terms as to satisfactory quality set out in the Sale of Goods Act Section 14 shall have effect and it is further agreed that the Goods sold under this agreement shall be fit for their purpose, that is to say: _________________ _________________ _________________ _________________] 1
IN WITNESS OF WHICH the parties have signed this agreement the day and year first above written
_________________ _________________
Signed by or on behalf of the Buyer
Signed by or on behalf of the Seller
_________________ _________________
in the presence of (witness) in the presence of (witness)
Name _________________ Name _________________
Address _________________ Address _________________
_________________ _________________
Occupation _________________ Occupation _________________
1 Insert the purpose for which the buyer has stated that he intends to use the goods. Under statute, in a sale of goods between private individuals that is not made in the course of the seller’s business, there is no automatic promise by the seller to the effect that the goods will be of satisfactory quality or fit for any particular purpose, even where the seller knows of the buyer’s purpose for the goods. Paragraph two on this form inserts promises as to quality and fitness for purpose. They can be removed if that is what the parties agree. If the sale is made in the course of the seller’s business, the sale is automatically made subject to statutory terms as to quality and fitness for purpose, and there is no power to remove these from the agreement except where the buyer has bought them in the course of the buyer’s business and either the buyer buys goods of this type frequently or else if the goods are not of a kind which is normally bought for private use.
Under statute, all sales of goods are subject to a promise by the seller that he has title to the goods that he is selling. The only exception is where he makes it clear that he is selling them with such title as he may have. If he does this, he must add a term revealing anything known to him which makes his title open to question. The statutory promises as to title apply, whether or not the seller is selling in the course of a business. It cannot be excluded from the agreement save where the seller is only selling such title as he has.
