BASIS OF SALE & CONTRACT FORMATION Clause Samples

BASIS OF SALE & CONTRACT FORMATION. 4.1 If ▇▇▇▇ ▇▇▇ & SONS indicates that the Seller is prepared to sell the Goods by private treaty or by tender, such an indication shall constitute an invitation to treat and not an offer to sell. 4.2 A copy of these Terms shall be made available to Potential Buyers on request and in any event prior to acceptance by ▇▇▇▇ ▇▇▇ & SONS of an offer in accordance with clause 4.3. When a Potential Buyer makes an offer to ▇▇▇▇ ▇▇▇ & SONS to purchase the Goods, such an offer shall be deemed to have been made on these Terms subject to any Special Conditions. 4.3 ▇▇▇▇ ▇▇▇ & SONS may (on behalf of the Seller) accept an offer to purchase the Goods verbally or in writing (at its sole option), and at this point a contract shall come into existence between the Seller and the relevant Potential Buyer who is then the Buyer on these Terms subject to any Special Conditions notified to the relevant Potential Buyer prior to such acceptance (the "Contract"). The Terms apply to the Contract to the exclusion of any other terms that the Potential Buyer seeks to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing. 4.4 The Buyer acknowledges and accepts that it has no right to cancel the Contract.