Candice Harley owns a craft store. On a recent buying trip to Miranda, she locat

Question

Candice Harley owns a craft store. On a recent buying trip to Miranda, she located a vendor who manufactures bat houses that have been carved from a single piece of wood. The woman who makes these bat houses is named Rachelle Vendor. Candice believes that she could probably sell 10 or 20 of these bat houses per week. She negotiates a purchase price of $9 for each bat house. Rachelle has some conditions that she would like to insert into their written contract. She wants a provision that states that she has the right to terminate the contract should the lumber that she uses be declared illegal, or if the price of his lumber increases by more than 20%. Also should there be a dispute, she wants some form of 3rd party meditation. She also wants any court action to be based on the laws of Massachusetts. Rachelle has recently heard that the Italian wood that she uses for her bat houses has recently been placed on the Endangered Species List. She wants to make sure, should the wood not be available, that she will have a remedy for any breach that Candice may claim. Candice would like to receive 200 bat houses within sixty days of the contract date. She would then like to receive 100 bat houses by the first day of each succeeding month, until a total of 1000 bat houses have been delivered. She will make payment by a certified check within 10 days of delivery. Candice is concerned about the quality of the bat houses and wishes to insert a contract provision that allows her to reject specific bat houses if she feels that some of them do not meet her specifications. Rachelle and Candice have worked out an overall list of specifications, which will be attached to the contract. You do not need to create this list of specifications, but you do need to refer to it in the contract itself. Draft a contract that clearly establishes the agreement between Rachelle and Candice.

PROTECTION FOR BOTH PARTIES IN YOUR CONTRACT, ADD CONDITIONS, CLAUSES, AND ISSUES FOR RESOLUTION FOR ANY DISPUTE OF THE CONTRACT AND WHATEVER CONTRACT LAW/ CLAUSES, YOU THINK SHOULD BE INCLUDED TO PROTECT THE PARTIES. USE CORRECT FORMAT……USE NUMBERED CLAUSES THAT SEPARATE EACH SPECIFIC CLAUSE…MAKE SURE TO ADD BREACH ISSUES AND REMEDIES.

Explanation / Answer

The contract of partnership is executed between Ms. Rachelle, resident of ABC and Ms. Candice of Miranda on the 3rd day of January 2018 for performance of services as set forth in the statement of work attached to and made a part of agreement on following terms and conditions.

1. Ms Rachelle will supply the wooden bat house of the specifications attached along with,to Ms. Candice as per following schedule.

(a) 200 items will be delivered within first sixty days from the date of execution of contract.

(b) After sixty days, 100 items will be supplied by first day of each succeeding month.

(c) The supply will continue according to conditions a and b until a total of 1000 units are supplied.

(d) The supplier will be paid $9 per unit by check within ten days of delivery.

(e) The buyer will have the right to reject the material if it does not comply to the specifications agreed upon.

(f) The supplier will have the right to terminate the contract if she is no longer able to source the wood due to government restrictions or if the wood's price increases by more than 20%.

(g) The disputes arising out of the breach of contract will have the provision of third party mediation.

(h) Massachusetts will be the area of jurisdiction for any disputes.

Signed :

Place:

Date:

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