For purchase building materials, the buyer must conclude an agreement with the seller on their purchase and sale. This document must indicate the cost, which must be agreed in advance by the parties.

The following will be a list of mandatory provisions that must be reflected in the agreement on the purchase of building materials. It will also be possible to familiarize yourself with the agreement form, in which it will be enough to enter information about the parties.

Sample standard contract for the sale of building materials with an individual

An agreement on the purchase of building materials must be drawn up, regardless of whether the parties are individuals or legal entities.

The text of the document should contain the following information:

• Date and place of drawing up and signing;
• information about each party. Information about the parties must be indicated in accordance with the passports, if the parties are individuals, as well as in accordance with the constituent documents, when the parties have the status of legal entities. Because on behalf legal entity a representative always acts, he must submit a power of attorney, which is certified by the head of the enterprise;

The main body of the agreement must include:

1. Data on the subject of the agreement, that is, on building materials. The information should relate to the assortment that will be transferred to the buyer, the quantity of goods, as well as additional information about all components. It is allowed not to indicate the entire list of goods in the main contract, but to draw up a specification that will reflect each building material that must be transferred to the buyer;
2. Information about rights and obligations. Data on the period of time during which the delivery must be carried out, the delivery procedure, as well as the procedure for loading, transporting and unloading the goods must be indicated;
3. Information on the cost of materials, as well as the procedure for making Money and payment term. It is allowed to include conditions for making an advance payment, if agreed by the parties;
4. Measures of responsibility of the parties, as well as grounds for non-offensive. This paragraph may include:

• Data on the amount of the penalty or penalty for late delivery of goods;
• The procedure for reconciling disputes, as well as a list of actions that a party must take if its rights have been violated;
• The list of actions when goods with defects or surpluses of the delivered goods are found;
• The procedure for allocating additional costs that are associated with the additional delivery of goods.

1. Information about force majeure circumstances that could not be foreseen by the parties at the time of signing the agreement. Conditions are indicated that confirmation of these circumstances is a document issued by a competent state body. A condition must also be indicated that in the event of a force majeure event, one of the parties must be notified by the other party;
2. Information about the duration of the agreement. As a rule, the validity period expires when the parties have fulfilled all obligations to each other;
3. By agreement of the parties, they may indicate additional terms execution of the agreement, which may relate to the resolution of disputes, going to court for the protection of violated rights or other circumstances;
4. Details of the party, as well as their data;
5. Signatures of the parties.

The nuances of the contract for the sale of building materials with an individual

Building Materials Purchase Agreement - is a bilateral obligation, according to which one party must supply building materials, and the second party must pay for it, and then accept it.

Such an agreement must contain the same information as in a regular purchase and sale agreement.

This agreement may be accompanied by a specification that reflects a list of all materials to be transferred. It indicates the list of these materials, quantity, assortment. Please note that the specification is an appendix to the main agreement. Without it, the specification has no legal force.

Important! The law establishes mandatory requirements in a relationship certain categories goods, to provide additional information about them to the buyer.

For some building materials, the requirements to provide certain information are enshrined at the legislative level.

Civil law imposes on the seller the obligation to transfer such goods, which are described in the agreement that was concluded earlier. If the conditions are not specified in the agreement, then the transferred goods must be suitable for its use.

Remember that both the agreement and the specification must be made in duplicate.

The agreement may contain the following additional provisions:

• The procedure for depositing funds by the buyer;
• Information about the guarantee of use;
• Measures of liability that may be imposed on the party that violated the terms of the agreement.

Features of the contract for the sale of building materials with an individual

On the basis of a sale and purchase agreement concluded between two individuals, the transfer of ownership of building materials takes place. For an agreement of this kind, a feature is that both parties can be an individual (that is, both in the role of the seller and the buyer). The conclusion of an agreement between these entities is carried out in accordance with the norms of civil law.

An individual acting as a seller must confirm the ownership of those objects that he sells. Such confirmation may be a contract for the sale of these materials or another document confirming the ability to dispose of them at your discretion.

The transfer of goods must be carried out within the time limits established by the concluded agreement. If necessary, the materials must be transferred along with all documents for their operation.

When the agreement indicates the obligation of the seller to deliver the goods to the buyer, such delivery must be made either within the time specified in the document or within a reasonable time.

Please note that the seller is required by law to provide comprehensive and reliable information about the product until the agreement is signed. Also, the seller must indicate the presence of defects, if any.

For a buyer who is individual, is obliged to pay for the goods that the seller transferred to him. If the agreement contains provisions regarding installment or deferment, then the buyer must make payments in accordance with the established schedule. Please note that the payment schedule can be drawn up as an addition to the main contract.

The agreement becomes legally binding only after the parties have signed the document.

The fact of the transfer of building materials must be confirmed by a transfer deed, an invoice, an invoice for goods or a sales receipt, a receipt.

The agreement is considered fulfilled only after the seller transfers the goods provided for in the agreement in full, and the buyer pays the full fee for the transferred building materials.

The law provides that there should be as many copies of the agreement as there are persons involved in the transaction. Each copy is an original and must be signed by each party.

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CONTRACT
purchase and sale of building materials

date and place of signing

___(Full Name) ___, hereinafter referred to as "Seller", on the one hand, and ___ (Full Name) ___, hereinafter referred to as __ "Buyer", on the other hand, have entered into this Agreement as follows:

1. THE SUBJECT OF THE AGREEMENT

1.1. The Seller undertakes to transfer ownership, and the Buyer undertakes to accept and pay for building materials (hereinafter referred to as the "Goods"), the range and quantity of which are indicated in the Specification and Annexes, which are an integral part of this Agreement.

2. RIGHTS AND OBLIGATIONS OF THE PARTIES

2.1. The Seller is obliged to transfer the Goods to the Buyer before _______________.

2.2. The Seller transfers the Goods to the Buyer at the address: _____________________.

2.3. The Seller's obligation under this Agreement is considered fulfilled from the moment the Goods are transferred to the Buyer and the parties (authorized persons) sign the Goods acceptance and transfer certificate.

2.4. The Seller is obliged to transfer to the Buyer the Goods of proper quality in accordance with the requirements of the current legislation.

2.5. The Buyer has the right to demand the replacement of the Goods of inadequate quality, transferred to him by the Seller. The Buyer is obliged to provide the Seller (a person authorized by him) with the opportunity to inspect the identified defects of the Goods. When deficiencies are confirmed, an act is drawn up on the identified deficiencies, which indicates their nature and the time for their elimination.

2.6. The unloading of the Goods is carried out by the Buyer at his own expense and on his own.

3. PRICE OF GOODS AND PROCEDURE OF PAYMENTS

3.1. The price of the Goods is ____ (__________) rubles and includes __________________.

3.2. Within ____ (__________) days after signing this Agreement, the Buyer makes an advance payment in the amount of ___% (__________) of the amount of the Agreement.

3.3. The remaining part of the amount must be paid by the Buyer to the Seller within ______________________ after the signing by the parties of the act of acceptance and transfer of the Goods specified in clause 2.3 of this Agreement.

4. RESPONSIBILITIES OF THE PARTIES

4.1. The parties are responsible to each other in accordance with applicable law.

4.2. The Seller pays the Buyer a penalty in the amount of _____% of the value of the non-transferred Goods for each day of delay associated with the improper performance of his obligations under this Agreement, starting from "___" _________ ____, but not more than __% of the value of the non-transferred Goods.

4.3. If the Seller violates clause 2.4 of this Agreement, the Seller is obliged, within __ (_____) days from the date of drawing up the act specified in clause 2.5 of this Agreement, to replace the Goods of inadequate quality for the Buyer.

4.4. If the Seller transferred to the Buyer a smaller amount of the Goods than specified in the Agreement, the Buyer has the right to either demand to transfer the missing amount of the Goods, or to refuse the transferred Goods and demand a refund of the amount paid.
If the Seller has transferred the Goods to the Buyer in an amount exceeding that specified in the Agreement, the Buyer is obliged to notify the Seller about this within the period of ______________. If, within a reasonable time after receiving the Buyer's message, the Seller does not dispose of the relevant part of the Goods, the Buyer has the right to accept the entire Goods.

4.5. When the Seller transfers the Goods provided for by the Agreement in an assortment that does not comply with the Agreement, the Buyer has the right to refuse to accept the Goods and demand a refund of the amount of money paid for the Goods.
If the Seller transferred to the Buyer, along with the goods, the assortment of which corresponds to the sales contract, goods in violation of the terms of the assortment, the Buyer has the right, at his choice:
- accept the Goods that comply with the assortment condition and refuse the rest of the goods;
- refuse all transferred goods;
- demand to replace the goods that do not meet the condition of the assortment with goods in the assortment provided for by the Agreement;
- accept all transferred goods.

5. FORCE MAJEURE

5.1. Neither party to this Agreement shall be liable to the other party for failure to fulfill obligations due to circumstances that arose beyond the will and desire of the parties and which cannot be foreseen or avoided, including declared or actual war, civil unrest, epidemics, blockade, earthquakes, floods, fires and other natural disasters.

5.2. A document issued by the relevant competent authority is sufficient evidence of the existence and duration of force majeure.

5.3. The party that fails to fulfill its obligation due to force majeure must immediately notify the other party of the impediment and its impact on the performance of obligations under the Agreement.

6. TERM OF THE CONTRACT

6.1. This Agreement comes into force from the moment of its signing and is valid until the parties fully fulfill their obligations.

7. ADDITIONAL TERMS

7.1. In case of disputes and disagreements, the parties will make every effort to resolve them through negotiations. If it is impossible to resolve disputed issues through negotiations, the parties go to court.

7.2. Any changes and additions to this Agreement come into force only after they are signed by both parties.

7.3. This Agreement is made in two copies (one for each of the parties), having the same legal force.

7.4. In all other respects not provided for by this Agreement, the parties are guided by the current legislation of the Russian Federation.

in a person acting on the basis of , hereinafter referred to as " Salesman", on the one hand, and a citizen, passport (series, number, issued) residing at the address, hereinafter referred to as " Buyer”, on the other hand, hereinafter referred to as “ Parties”, have concluded this agreement, hereinafter referred to as the “Agreement”, as follows:

1. THE SUBJECT OF THE AGREEMENT

1.1. The seller sells, and the buyer buys building materials in the range and at the prices specified in Appendix No. 1 to this agreement.

2. AGREEMENT AMOUNT AND PAYMENT PROCEDURE

2.1. The amount of this agreement is Rs.

2.2. All settlements between the parties are made in cash only.

2.3. Calculations are made with a % prepayment of the goods by the Buyer by depositing the amount of the contract to the Seller's cash desk within days from the date of signing this contract.

2.3. The Seller issues to the Buyer a certificate (receipt order stub) or other document on payment for the goods after the latter has paid the amount of the contract to the Seller's cash desk.

3. TERM OF THE CONTRACT

3.1. The contract comes into force from the moment of its signing.

3.2. The Seller delivers to the Buyer the building materials specified in Appendix No. 1 to this agreement within days from the date of payment by the Buyer for the goods.

4. RESPONSIBILITIES OF THE PARTIES

4.1. The parties are responsible for non-performance and for improper performance of this agreement in accordance with applicable law and this agreement.

4.2. For the delay in the delivery of building materials specified in Appendix No. 1 to this agreement, the Seller pays the Buyer a fine in the amount of % of the contract amount and a penalty in the amount of % of the contract amount for each day of delay.

4.3. In case of non-delivery of building materials specified in Appendix No. 1 to this agreement, the Seller returns the amount of the agreement to the Buyer and reimburses the losses incurred by the Buyer related to inflation in the amount of % per annum of the amount of the agreement.

4.4. For late payment, the Buyer shall pay the Seller a penalty in the amount of % of the contract amount and a penalty in the amount of % of the contract amount for each day of delay.

4.5. When supplying low-quality building materials, the Buyer has the right to demand within days.

5. FORCE MAJOR

5.1. The Parties are released from partial or complete failure to fulfill obligations under this Agreement if this failure was the result of force majeure circumstances that arose after the conclusion of this Agreement as a result of extraordinary events that the Party could neither foresee nor prevent by reasonable measures. Force majeure events include events that the participant cannot influence and for which the participant is not responsible, such as earthquake, flood, fire, as well as a strike, government regulations or orders of public authorities.

5.2. The party referring to force majeure circumstances is obliged to immediately inform the other party about the occurrence of such circumstances in writing, and at the request of the other party, a certifying document must be submitted. The information must contain data on the nature of the circumstances, an assessment of their impact on the fulfillment by the party of its obligations under this Agreement and on the term for the fulfillment of obligations.

5.3. A Party that is unable, due to force majeure, to fulfill its obligations under this Agreement, will make every effort, subject to the provisions of the Agreement, to compensate as soon as possible for the consequences of non-fulfillment of obligations.

6. DISPUTES RESOLUTION

6.1. All disputes and disagreements that may arise during the execution of this agreement will be resolved by the parties through negotiations.

6.2. If it is impossible to resolve disputes through negotiations, the parties submit them for consideration to the arbitration court. In all other respects that are not specified in this agreement, the parties are guided by the current legislation of the Russian Federation. This agreement is made in two copies, one for each party and has equal legal force.

When purchasing (realizing) a batch of building materials, one should not rely on the honesty of the seller. It is necessary to draw up a contract of sale in writing, which will stipulate all important points. This will protect the parties, reduce the risk of default to a minimum.

The contract for the sale of building materials is drawn up on a standard piece of paper (A-4 format, a printed form is usually used). At the top in the center, indicate the name of the document and its number (Agreement No. XXX). A little lower, also in the center, the name of the contract is indicated - “Purchase and sale of building materials”. Then you should write the date of the document (on the right) and the city (on the left). In the text of the document, it is necessary to indicate the parties - the Seller and the Buyer, between whom the contract is concluded. You should write the name of the legal entity and the representative who will sign the contract on behalf of the company. The first paragraph describes the subject matter of the contract. It is usually stated that this document contains the conditions under which the Seller sells, and the Buyer purchases the goods. A list with the names of materials and their prices should not be placed in the contract itself, it is better to issue it as an annex to the contract. The second point can be devoted to settlements between the parties. Here you can specify total amount transactions, payment methods (cash, non-cash). If prepayment is provided, this should also be mentioned in this paragraph. It is necessary to indicate not only the amount of the prepayment, but also the time when it should be made. It also stipulates the need for the Buyer to confirm that the payment has been made to the Seller (for example, providing a receipt stub). The third point is devoted to the timing of the transaction. It describes from what moment the contract comes into force, when the delivery of materials to the Buyer takes place. In the fourth paragraph, the responsibility of the participants in the transaction should be indicated. The most frequently described are:

• the amount of fines and penalties that the Seller reimburses the Buyer for late delivery of building materials;
• liability for non-delivery of goods;
• the amount of fines and penalties in case of late payment for the goods (paid by the Buyer to the Seller).

The fifth paragraph should describe force majeure circumstances that may arise after the signing of the contract. These are events that the parties cannot influence, for which they cannot be held responsible. It also indicates the relationship between the parties when they occur (for example, immediately inform the other party), responsibility for failure to fulfill obligations. Force majeure includes:

• civil unrest, military operations in the territory of the transaction;
• blockade, epidemic;
• natural disasters (fire, earthquake, flood);
• government orders and resolutions;
• embargo etc.

In conclusion, the features of dispute resolution in pre-trial order and in court are described. Usually a reference is made that all issues not covered in the contract are considered in accordance with the current legislation. At the very end, the details, addresses and telephone numbers of the parties are indicated. Each party to the transaction signs. Download from us:

When drawing up a contract for the sale of building materials, you should think through all the details. It is important to describe the responsibility of the parties in each case, clearly indicating the percentage of the penalty in case of violation of the agreement.

Sample. Contract for the purchase and sale of building materials (between individuals)

AGREEMENT N ______ purchase and sale of building materials

G. __________
"___" _______ 200_

Citizen (ka) of the Russian Federation _______________, passport ______, issued by "__" _______ ___ city _________, subdivision code _____, lives at the address: __________________, hereinafter referred to as __ "Seller", on the one hand, and citizen of the Russian Federation _________, passport ______, issued "__"________ ___G. _____________, subdivision code _____, resides at: ___________________, hereinafter referred to as __ "Buyer", on the other hand, have entered into this Agreement as follows:
1. THE SUBJECT OF THE AGREEMENT

1.1. The Seller undertakes to transfer ownership, and the Buyer - to accept and pay for building materials (hereinafter referred to as the "Goods"), the range and quantity of which are indicated in the Specification and Annexes, which are an integral part of this Agreement.
2. RIGHTS AND OBLIGATIONS OF THE PARTIES

2.1. The Seller is obliged to transfer the Goods to the Buyer before _______________.
2.2. The Seller transfers the Goods to the Buyer at the address: _____________________.
2.3. The obligation of the Seller under this Agreement shall be deemed fulfilled from the moment the Goods are transferred to the Buyer and the acceptance certificate of the Goods is signed by authorized persons of both parties. 2.4. The Seller is obliged to transfer to the Buyer the Goods of proper quality in accordance with the requirements of the current legislation. 2.5. The Buyer has the right to demand the replacement of the Goods of inadequate quality, transferred to him by the Seller. Defects identified during the transfer of the Goods must be confirmed by specially authorized representatives of the Seller. The Buyer is obliged to provide an opportunity for specially authorized representatives of the Seller to inspect the defects identified during the transfer of the Goods. When deficiencies are confirmed, an act is drawn up on the identified deficiencies, which indicates their nature and the time for their elimination. 2.6. The unloading of the Goods is carried out by the Buyer at his own expense and on his own.

3. PRICE OF GOODS AND PROCEDURE OF PAYMENTS

3.1. The price of the Goods is ____ (__________) conventional units and includes __________________. 3.2. Settlements between the parties are made in rubles at the internal exchange rate of the Central Bank of the Russian Federation on the day of payment. 3.3. Within ____ (__________) days after signing this Agreement, the Buyer makes an advance payment in the amount of ___% (__________) of the amount of the Agreement. 3.4. The remaining part of the amount must be paid by the Buyer to the Seller by _______________ by transferring funds to the Seller's settlement account.
4. QUANTITY AND RANGE OF GOODS

4.1. The quantity and assortment of the Goods are determined by Appendix No. 1 dated "___" _________ 200_, signed by the parties.

5. RESPONSIBILITIES OF THE PARTIES

5.1. The parties are responsible to each other in accordance with applicable law. 5.2. The Seller pays the Buyer a penalty in the amount of _____% of the value of the undelivered Goods for each day of delay associated with the improper performance of his obligations under this Agreement, starting from "___" _________ 200_, but not more than __% of the value of the undelivered Goods. 5.3. In case of violation by the Seller of the condition on the quantity and assortment of the Goods, the Seller is obliged, within __ (_____) days from the date of violation of the condition, to transfer the required quantity of the Goods. 5.4. If the Seller violates clause 2.4 of this Agreement, the Seller is obliged, within __ (_____) days from the date of drawing up the act specified in clause 2.6 of this Agreement, to transfer the Goods of proper quality to the Buyer.
6. FORCE MAJEURE

6.1. Neither party to this Agreement shall be liable to the other party for failure to fulfill obligations due to circumstances that arose beyond the will and desire of the parties and which cannot be foreseen or avoided, including declared or actual war, civil unrest, epidemics, blockade, earthquakes, floods, fires and other natural disasters. 6.2. A document issued by the relevant competent authority is sufficient evidence of the existence and duration of force majeure. 6.3. The party that fails to fulfill its obligation due to force majeure must immediately notify the other party of the impediment and its impact on the performance of obligations under the Agreement.
7. TERM OF THE CONTRACT

7.1. This Agreement comes into force from the moment of its signing by the parties and is considered executed after the documented transfer of the Goods to the Buyer (from the moment of signing the act of acceptance and transfer of the Goods).
8. ADDITIONAL TERMS

8.1. In case of disputes and disagreements, the parties will make every effort to resolve them through negotiations. If it is impossible to resolve disputed issues through negotiations, the parties go to court. 8.2. Any changes and additions to this Agreement come into force only after they are signed by both parties. 8.3. This Agreement is made in two copies (one for each of the parties), having the same legal force. 8.4. In all other respects not provided for by this Agreement, the parties are guided by the current legislation of the Russian Federation.
9. ADDRESSES AND DETAILS OF THE PARTIES

Salesman: _______________________________________________________________

Buyer: _____________________________________________________________

Seller: ______________ (signature)

Buyer: ____________ (signature)