Barter Agreement

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Barter Agreement Powered By Docstoc
					This Barter Agreement is an agreement to exchange goods or services directly without
the use of money. The form can be customized to fit the needs of the user by stating
which types of goods or services are to be exchanged, time for delivery, payments,
warranty, identity of witnesses and termination. This document is ideal for individuals or
entities who want to enter into a barter agreement exchanging goods or services without
the exchange of money.
                                   BARTER AGREEMENT

This Agreement is made and entered into this ____________ day of _________________,
201____ by and between __________________ [NAME OF PERSON OR BUSINESS WHO
IS MAKING THE BARTER OFFER] having its principal office at ____________
__________________________________[PROVIDE ADDRESS] (hereinafter, “Offeror”) and
__________________[NAME OF PERSON ACCEPTING THE OFFER] having its principal
office at ____________ __________________________________ [PROVIDE ADDRESS]
(hereinafter, “Offeree”).
                                    RECITALS

WHEREAS, Offeror desires to enter into a barter arrangement with Offeree under which
Offeror agrees to sell the Products and/or Services (defined below) to Offeree; and

WHEREAS, Offeree desires to enter into a barter arrangement with Offeror under which
Offeree agrees to sell the Products and/or Services (defined below) to Offeror;

NOW THEREFORE, the parties agree as follows:

1.     PURPOSE

The parties hereto agree to sell and trade their respective Products to the other party in exchange
for the Products of the other party, on a barter basis. The parties furthermore agree that the
mutual sale, purchase and trade of their respective Products hereunder shall be accomplished in a
manner to minimize the exchange or transfer of money between the parties.

2.     PRODUCTS

 Offeror submits the following ☐ service(s)          ☐ product(s)           ☐ other
________________________,       described    as:    _______________________________
__________________________________________________________________________
______________________________ to the Offeree in exchange for the following
☐ service/s          ☐ product/s         ☐ other ______________________ described as:
__________________________________________________________________________
________________________________________________________                     __.

3.     DELIVERY

The delivery or exchange of the Products is to be made on or before___________________,
201___. Delivery is to be made in the following manner(s): __________________________
__________________________________________________________________________.

4.     PAYMENTS

The price of the Products sold by Offeror and purchased by Offeree under this Agreement shall
be $_______________ . Payment for the Products delivered to Offeree shall be paid for by the

© Copyright 2013 Docstoc Inc.                                                          2
Offeree via barter and other means (check, money order or credit card), as arranged. The price
of the Products sold by Offeree and purchased by Offeror under this Agreement shall be $
__________. Payment for these products will be in a form similar to as described above, in this
paragraph.

[or]

The products/services of Offeror will be exchanged for the products/services of Offeree as
follows: __________________________________________________________________
______________________________________________________________________________
_________________________________________________________________.

{Instruction: Explain clearly how many of one party's goods or services will be equal to how
many of the other party’s.}

{Instruction: Delete the paragraph above that does NOT apply.}

{Instruction and Tip: In many barter agreements, any disagreement or dispute that arises
turns out to revolve around a misunderstanding about the value of one or both parties'
goods/services. If parties are very clear in this section, these types of disputes can be avoided.
For example, “Car washes will be exchanged for fresh eggs.” is unclear . . . how many eggs
for each car wash?? “Each car wash may be exchanged for 2 dozen Grade A eggs.” is much
more clear to both parties.}

5.     WARRANTY

Both parties represent and warrant that:

a) they are over the age of 18 and have the intent and capacity to enter into a binding agreement

b) the Products offered for barter can legally be exchanged by them

c) the information included here is correct, to the best of their knowledge.

6.     CONDITION OF PRODUCTS

The parties hereby expressly agree that the Products or Services shall be of a superior quality and
shall be readily marketable and merchantable. Either party shall not be obligated to purchase,
accept or receive the Products that are of an inferior quality.

7.     INDEMNIFICATION

Each party shall indemnify, defend and hold harmless the other, its officers, trustees, agents
assigns, and employees, from and against any and all claims, demands, suits, losses, liabilities
and costs, including attorneys’ fees, arising out of any alleged breach of the foregoing warranties
or any alleged violation of copyright or other property rights.


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8.     ASSIGNMENT

Neither party may assign its obligations under this Agreement or any document executed by it in
connection herewith without the prior written consent of the other party.

9.     TERMINATION

The Agreement may be terminated in any of the following cases:

a) By mutual agreement, in writing, by both parties;

b) By the non-defaulting party, in the event of default by the other party in the due performance
of its obligations under this Agreement, which default is not remedied within ___________ days
after receipt of written notice of default from the non-defaulting party;

c) By the other party, in case that either party making an assignment for the benefit of creditors,
or being adjudged bankrupt, or insolvent, or filing any petition seeking for itself any arrangement
for dissolution and liquidation of its interests; or

d) By either party, if a force majeure condition makes it unreasonable to proceed with the
Agreement in the foreseeable future.

Upon termination of the Agreement, neither party shall be discharged from any antecedent
obligations or liabilities to the other party under the Agreement unless otherwise agreed-to, in
writing, by the parties.

10.    FORCE MAJEURE

Neither party shall be liable to the other party for nonperformance or delay in performance of
any of its obligations under the Agreement due to war, revolution, riot, strike or other labor
dispute, fire, flood, acts of government or any other causes reasonably beyond its control. Upon
the occurrence of such a force majeure condition the affected party shall immediately notify the
other party of any further developments. Immediately after such condition is removed, the
affected party shall perform such obligation with all due speed.

11.    ARBITRATION

All disputes, controversies, or differences which may arise between the parties out of or in
relation to or in connection with the Agreement or for the breach thereof, shall be finally settled
by arbitration in ________________ [PROVIDE THE LOCATION WHERE BOTH
PARTIES AGREE THAT AN ARBITRATION MAY BE HELD] and in accordance with the
rules of American Arbitration Association. The award rendered by arbitrator(s) shall be final and
binding upon both parties concerned.




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12.    GOVERNING LAW

The validity, formation, and performance of this Agreement shall be governed by and construed
in accordance with the laws of the state of _____________________.

13.    NO WAIVER

No claim or right of either party under this Agreement shall be deemed to be waived or
renounced in whole or in part unless the waiver or renunciation of such claim or right is
acknowledged and confirmed in writing by such party.

14.    SEVERABILITY

If any one or more of the provisions contained in this Agreement shall be declared invalid, illegal
or unenforceable in any respect under any applicable law, the validity, legality and enforceability
of the remaining provisions contained herein shall not in any way be affected and in such case
the parties hereto oblige themselves to reach the intended purpose of the invalid provision by a
new, valid and legal stipulation.

15.    CAPTIONS

Headings of Articles and subsections of the Agreement are for convenience only and shall not be
used in construing the Agreement.

16.    NOTICES

Unless otherwise agreed by the parties, all notices and communications under this Agreement
shall be sent to the parties at their addresses set forth in the initial paragraph of the Agreement.
All notices shall be sent by registered airmail and where circumstances require, notices may be
sent by cable, facsimile or telex which shall be confirmed by registered air mail.

17.    ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties, all prior representations
having been merged herein, and may not be modified except by a writing signed by a duly
authorized representatives of both parties.

IN WITNESS WHEREOF, the parties through their authorized representatives have executed
the Agreement as of the date first above written.

Signature of Offeror: ____________________________________
Print Name of Offeror: ___________________________________
Date: ____________________, 201___

Signature of Offeree: ___________________________________
Print Name of Offeree: __________________________________


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Date: __________________, 201___

Name and Signature of Witness 1: ______________________   ___________________

Name and Signature of Witness 2: ______________________   ___________________




© Copyright 2013 Docstoc Inc.                                            6

				
DOCUMENT INFO
Description: This Barter Agreement is an agreement to exchange goods or services directly without the use of money. The form can be customized to fit the needs of the user by stating which types of goods or services are to be exchanged, time for delivery, payments, warranty, identity of witnesses and termination. This document is ideal for individuals or entities who want to enter into a barter agreement exchanging goods or services without the exchange of money.