Create a Conditional Sales Contract
Conditional sales contracts are essential legal documents used in many business transactions to protect the interests of both the buyer and seller. Such contracts outline the terms and conditions of the sale, such as price, delivery date and payment terms, whilst providing clarity on each parties’ rights and responsibilities. It’s easy to understand why these agreements are so important - not only do they help avoid disputes between buyers and sellers but they can also provide protection in the event of a disagreement. Additionally, these contracts guarantee that buyers receive their goods in a timely manner, ensuring all expectations are met.
The Genie AI team understands this importance well; their open source legal template library is now ‘the world’s largest’, with millions of datapoints teaching its AI what a market-standard conditional sales contract looks like. Through their dataset and community template library anyone can draft and customize high quality legal documents without requiring a lawyer - or even needing to have a Genie AI account! This means that if you’re looking for an efficient way to create your own agreement without having to incur any additional costs, then this could be just what you need.
So if you’re looking for guidance on how to create your own conditional sales contract then read on below where we’ll give our step-by-step guide on what information you should include when setting up your own agreement. And don’t forget - if you’d like access to our template library today then check out our website for more details!
Definitions
Legally Binding Agreement: A legally binding agreement is a contract that is legally enforceable, meaning that it must be respected in a court of law and any violation of the agreement may be subject to legal action.
Terms and Conditions: Terms and conditions are the rules and regulations that both parties must agree to and abide by in order for the agreement to be valid.
Performance Security: Performance security is a type of guarantee that is given by one party in a contract to another party in order to ensure that the first party will fulfill its obligations under the contract.
Rights and Remedies: Rights and remedies refer to the legal actions that parties can take if the other party fails to fulfill the terms of the contract.
Representations and Warranties: Representations and warranties are statements made by one party to another in order to provide assurance that certain conditions of the contract will be met.
Indemnification: Indemnification is a clause in a contract that states that one party will not be held liable for any losses or damages incurred by the other party as a result of their breach of the contract.
Liability Limitations: Liability limitations are clauses in a contract that limit the amount of financial responsibility that one party can be held liable for in the event of a breach of contract.
Governing Law: Governing law is the law that applies to a contract and determines the rules and regulations that both parties must abide by.
Dispute Resolution: Dispute resolution is the process of resolving conflicts between two parties in a contract, such as through negotiation, mediation, or arbitration.
Entire Agreement: Entire Agreement is a clause in a contract that states that this document is the only agreement between the two parties and that any prior agreements or communications are no longer valid.
Contents
- Overview of Conditional Sales Contract
- Description of Parties Involved
- Seller
- Purchaser
- Agreement Terms and Conditions
- Term
- Termination
- Identifying Goods or Services
- Description
- Price
- Delivery or Performance
- Timing
- Place of Delivery
- Acceptance
- Payment Terms
- Date
- Method
- Interest
- Performance Security
- Types
- Amount
- Duration
- Rights and Remedies
- Seller
- Purchaser
- Representations and Warranties
- Seller
- Purchaser
- Indemnification
- Seller
- Purchaser
- Liability Limitations
- Types
- Exclusions
- Severability
- Governing Law
- Dispute Resolution
- Negotiation
- Mediation
- Arbitration
- Entire Agreement
- Signatures
- Seller
- Purchaser
Get started
Overview of Conditional Sales Contract
- Understand what a conditional sales contract is and why it’s necessary
- Understand the purpose of the contract and the conditions of the agreement
- Research the legal requirements for creating a valid contract in your state
- Know who will be involved in the contract and their roles in the agreement
Once you understand what a conditional sales contract is and why it’s necessary, the purpose of the contract and the conditions of the agreement, have researched the legal requirements for creating a valid contract, and know who will be involved in the contract and their roles, you can check this step off your list and move on to the next step.
Description of Parties Involved
- Research each party involved in the contract: seller and buyer
- Determine if seller is the owner of the property or an authorized agent
- Gather contact information for both the seller and the buyer
- Once you have the proper information for both parties, you can move on to the next step.
Seller
- Include the Seller’s full name and address
- Include the Seller’s contact information
- Identify the Seller’s ownership of the property being purchased
- Include any additional information relevant to the sale of the property
- Verify that the Seller has the right to sell the property and that it is free from any encumbrances
- Once all of the above information has been accurately included, you can check this step off and move on to the next step.
Purchaser
- Identify the buyer, including full name, address, phone number, and email address
- Make sure the buyer is legally capable of entering into a contract
- Verify that the buyer is of legal age and is not under any contractual restrictions
- When ready, sign and date the contract to indicate acceptance of the terms and conditions
- When all information for the purchaser has been filled in, you can move on to the Agreement Terms and Conditions section
Agreement Terms and Conditions
- Draft the contract conditions - what are the obligations of both parties, warranties, terms and conditions of payment, etc.?
- Have both parties review the terms and conditions and sign off on the contract.
- Once both parties have signed off on the contract, check off this step and move on to the next step.
Term
- Define the term of the contract and how long it will last
- Include the start date, duration, and end date of the contract
- Make sure that all parties sign and date the contract before it goes into effect
- You can check this step off your list once the term of the contract is agreed upon by all parties and it is signed and dated.
Termination
- Understand the possible reasons for termination of the contract
- Determine if there are any limitations on the termination of the contract
- Include language in the contract that outlines the conditions for termination
- Include language in the contract that outlines procedures for dispute resolution
- Clearly define any costs associated with termination of the contract
- Ensure that all parties involved understand the termination language and any associated costs
Once you have included language in the contract that outlines the conditions for termination and any associated costs, you can check this step off your list and move on to the next step.
Identifying Goods or Services
- List the goods or services to be sold, including any details such as quantity, quality, and price
- Include any additional information that may be necessary to identify the goods or services, such as serial numbers, model numbers, and descriptions
- Specify any freight, shipping, or delivery terms
- When you have identified all of the goods or services included in the contract, you can move on to the next step.
Description
- Identify the goods or services being sold in the contract and provide a detailed description
- Include specific details such as the brand, model, quantity, size, color, condition and any other relevant information
- Specify the agreed-upon date of delivery
- Make sure that all of the details of the goods or services are accurate and up-to-date
- You can check this off your list when you have fulfilled all of the above criteria.
Price
- Set the purchase price for the goods or services that are being sold.
- Consider including a payment schedule, such as a deposit and installments.
- Make sure the payment method is clear, such as cash, check, or credit card.
- Describe any additional fees or taxes applicable to the purchase.
- You will know you have completed this step when you have a detailed description of the payment terms that are acceptable to both parties.
Delivery or Performance
- Define the performance or delivery date for each item in the contract.
- Specify any additional details about the delivery/performance, such as how much or how many items will be delivered/performed.
- Include any special conditions or requirements for the delivery/performance of items in the contract.
- Make sure to include a clause in the contract regarding any delays or missed delivery/performance dates.
- Check the delivery/performance clause to make sure it is accurate and complete.
You’ll know you can check this off your list and move on to the next step when you have written out all of the details regarding the delivery/performance and ensured that the clause is accurate and complete.
Timing
- Determine the timing of the delivery or performance of the sale item, including the date and time
- If either party fails to deliver or perform on the predetermined date, then they will be subject to the terms of the contract
- Record the predetermined date of delivery or performance in the contract
- Once the date and time is determined, you can move on to the next step.
Place of Delivery
- Identify the specific place of delivery for the goods in the contract.
- This could be a physical address, a digital address, or any other address that accurately identifies the place of delivery.
- Include the address in the contract and ensure that both parties agree to the address of delivery.
- Once the address of delivery is included in the contract, this step is complete.
Acceptance
- Make sure that the seller and buyer sign and date the contract.
- If the seller and buyer are not in the same physical location, they can sign the contract electronically.
- Once the seller and buyer have signed and dated the contract, the contract is legally binding.
- You can check this step off your list once the seller and buyer have both signed and dated the contract.
Payment Terms
- Agree on payment terms, such as payment due dates, payment methods, and late fees
- Include the payment terms in the contract and ensure both parties sign and date the contract
- When both parties agree on the payment terms and sign the contract, you can move on to the next step in the process: setting a date for the contract to take effect.
Date
- Determine the date you want the contract to become effective, and include this date in the contract.
- Make sure to include the month, day, and year when you enter the date into the contract.
- Once the date has been entered, you will know you can move on to the next step of the contract.
Method
- Determine the type of contract you need. Consider the duration, payment terms, and other details that need to be included.
- Draft the contract, paying special attention to the conditional clauses. Ensure that all conditions are clearly defined and understood by the parties involved.
- Have both parties sign and date the contract.
- Make sure to keep a copy of the contract for your records.
How you’ll know when you can check this off your list and move on to the next step: Once both parties sign and date the contract, you can move on to the next step.
Interest
- Decide on the interest rate, if any, and specify it in the contract
- Specify who will be responsible for paying the interest
- Specify whether the interest will be paid in installments or one lump sum
- Specify when and how the interest payments will be made
- Specify whether the interest is compounded
You will know that you have completed this step when the interest rate, payment and compounding details have been specified in the contract.
Performance Security
- Consider the need for a performance security deposit, such as a cash deposit, letter of credit, or bond, to ensure the performance of the contract
- Determine the terms of the security deposit, including the amount, how long it will be held, and who will hold it
- Specify the conditions under which the security deposit may be released, such as upon satisfactory performance
- Include provisions for the return of the security deposit upon completion of the contract
- Decide who will be responsible for the return of the security deposit
- Confirm that all parties understand the terms of the security deposit
You will know you have successfully completed this step when you have finalized the terms of the performance security deposit and all parties have agreed to the terms.
Types
- Determine the type of contract you’ll be creating.
- Will it be an Exclusive Right to Sell contract?
- Is the contract an Open Listing?
- Decide if you’ll be drafting a Multiple Listing contract.
- Once you’ve decided on the type of contract, check it off your list and move on to the next step.
Amount
- Establish the amount of money that is the subject of the sales contract.
- Determine if the sales contract will include an installment plan, and if so, how much will be required in each payment.
- Decide if the amount of the contract includes taxes and other fees.
- Consider any discounts or special terms, such as payment terms, that may be included in the contract.
- Specify the currency in which the amount will be paid.
- Include the total amount due, and any additional fees, in the final line of the contract.
- Once the amount due has been determined and all the relevant information is included in the contract, you can move on to the next step: Duration.
Duration
- Review the buyer and seller’s details, including the duration of the agreement.
- Enter the duration of the agreement in the contract. The duration should be agreed upon by both the buyer and seller.
- Make sure that the duration is clearly stated in the contract.
- After completion, you can check this step off your list and move on to the next step.
Rights and Remedies
- Create a clause that outlines the rights and remedies of the buyer and seller in the event of a breach of contract
- Specify the remedies available to the buyer, such as a right to cancel the contract and receive a refund, or the right to sue for damages
- Specify the remedies available to the seller, such as the right to sue for damages, or the right to terminate the contract
- In some cases, it may be appropriate to include a clause that states that the seller cannot be held responsible for any damages caused by the buyer’s failure to comply with the contract
You’ll know you can check this step off your list and move on to the next step when you have a clause included in your contract that outlines the rights and remedies of both the buyer and seller in the event of a breach of contract.
Seller
- Confirm the legal name of the Seller
- Make sure the Seller is an individual and not a business
- Check that the Seller is a resident of the state that the contract is being signed in
- Include the Seller’s full address and contact information
- Confirm that the Seller is of legal age and has the capacity to enter into a contract
- Once all of the Seller’s information has been confirmed, you can move on to the Purchaser step.
Purchaser
- Obtain the contact information of the purchaser, including their full name and their address
- Document the purchaser’s contact information in the sales contract
- Obtain the payment details of the purchaser, such as the payment method and the payment amount
- Document the payment details of the purchaser in the sales contract
- Obtain the identification details of the purchaser, such as their driver’s license or passport number
- Document the identification details of the purchaser in the sales contract
Once the contact information, payment details, and identification details of the purchaser have been documented in the sales contract, you can check this step off your list and move onto the next step, which is Representations and Warranties.
Representations and Warranties
- List out all the representations and warranties that must be included in the contract
- Make sure to include a clause that states the representations and warranties are made as of the date of the contract
- Add a clause that allows the purchaser to terminate the contract if any of the representations or warranties are proven to be false
- Include a clause that states the seller is not responsible for any damages resulting from the breach of any representations and warranties
- Make sure to include a clause that states the seller is not responsible for any legal fees resulting from the breach of any representations and warranties
You can check this off your list and move on to the next step once you have listed out all the relevant representations and warranties, and added the necessary clauses to the contract.
Seller
- Confirm that the Seller is of legal age and is legally allowed to enter into the contract.
- Establish the Seller’s contact information, including name and address.
- Confirm that the Seller is not in breach of any contracts or agreements with others.
- Confirm that the Seller is not insolvent and able to fulfill the obligations of the contract.
Once you have completed the steps above, you will have established the Seller’s identity and ability to enter into the contract. You can then move on to the next step.
Purchaser
- Determine who the Purchaser is, including the full legal name and the contact information
- Make sure the Purchaser is fully aware of the terms and conditions of the contract
- Confirm that the Purchaser is legally allowed to enter into a contract
- Ensure that the Purchaser has the required funds to complete the purchase
- Include all necessary details in the contract, such as the full name and contact information of the Purchaser
- Have the Purchaser sign and date the contract
Once all the required information has been entered and the Purchaser has signed the contract, you can move on to the next step in the guide.
Indemnification
- Outline the liabilities and responsibilities of the parties in relation to any losses or damages that may result from a breach of the contract
- Include any special indemnification clauses that are specific to your agreement
- Specify the circumstances under which each party is responsible for any losses or damages
- Make sure to include a clause that stipulates that the Purchaser is not liable for any costs incurred by the Seller
- Include a clause that states that in the event of a dispute, the party that is found to be at fault must pay for all associated costs
- Make sure to include a clause that states that the Seller is not liable for any indirect losses or damages
You can check off this step when your indemnification clause is complete and all parties have agreed to the terms.
Seller
- Gather all the necessary information from the Seller such as full name, address, and contact information
- State the full name of the Seller and their address
- Include the date the contract is being made
- Include any other pertinent information about the Seller
- When you have all the information for the Seller, you can move on to the next step: ### Purchaser
Purchaser
- The Purchaser should provide their full legal name, address, and phone number.
- The Purchaser should also provide the full legal name and signature of any authorized representatives.
- Once the Purchaser has provided the required information, they can check this step off their list and move on to the next step.
Liability Limitations
- Research and decide what limitations you would like to include in the contract.
- Ensure that all limitations are reasonable and fair to both parties.
- Draft the liability limitation clause and include it in the contract.
- Once the clause has been drafted and included in the contract, you can check off this step and move on to Types.
Types
- Understand the differences between a conditional and an unconditional sales contract.
- Determine which type of sales contract you need to create.
- When you have determined the type of contract you need to create, begin to write the contract using the relevant clauses.
- Once the contract has been written, review it to ensure that all the necessary details have been provided.
- When you are satisfied with the contract, you can check this off your list and move on to the next step.
Exclusions
- Include a list of any exclusions in the sales contract (e.g. items that will not be included in the sale, or warranties that will not be provided).
- Make sure to clearly state what will not be included in the sale, and list any other exclusions such as warranties that will not be provided.
- Once you have included all relevant exclusions, you can check this off your list and move on to the next step.
Severability
- Ensure that the contract includes a severability clause, which states that if any part of the agreement is deemed invalid by a court or other authority, the remainder of the agreement will remain in effect
- This clause will help protect the parties in case any part of the agreement is found to be invalid, so that the remainder of the agreement can still be enforced
- This clause should be included in any conditional sales contracts to protect the parties
- When the severability clause has been included and reviewed, you can move on to the next step, which is to include a governing law clause in your conditional sales contract
Governing Law
- Research the applicable laws in the area where the contract will be enforced.
- Identify which laws will apply to the contract.
- Specify the governing law in the contract.
- Make sure to include any applicable statutes or regulations.
- Check that the governing law clause is comprehensive.
You can check this off your list when you have included all applicable laws and specified the governing law in the contract.
Dispute Resolution
- Determine whether disputes should be resolved in court or through arbitration
- Specify the governing law that will be used in court or arbitration proceedings
- Include language that requires the parties to bear their own attorney’s fees and costs
- Specify the location of court or arbitration proceedings
- Include language that requires mediation prior to court or arbitration proceedings
- Once all of the above is agreed upon, add the dispute resolution terms to the contract
- You can check this off your list and move on to the next step when all parties have agreed to the dispute resolution terms.
Negotiation
- Reach out to the other party to discuss the terms of the contract
- Agree on the terms that are acceptable to both parties
- Make sure that all of the terms are clearly laid out in writing
- Have both parties sign the contract to complete the negotiation process
- You will know that you have completed this step when both parties have signed the contract.
Mediation
- Research and select a mediator with experience in creating and negotiating a conditional sales contract
- Prepare a list of points to discuss with the mediator
- Reach out to the mediator and schedule a mediation session
- Attend the mediation session with all parties present
- Negotiate and discuss the points with the mediator
- Reach an agreement and create a draft of the conditional sales contract
- Have all parties review and sign the draft of the conditional sales contract
- When the contract has been reviewed and signed by all parties, the mediation step has been completed and you can move to the arbitration step.
Arbitration
- Research what arbitration is and decide if it is right for your situation
- Draft an arbitration clause that outlines the agreement between the buyer and seller
- Include in the clause the process for filing a claim, the selection of arbitrators, and any other details
- Have both parties sign the contract to make it legally binding
- You’ll know when you can check this off your list when both parties have signed the contract.
Entire Agreement
- Read the entire document carefully and make sure you understand all the terms and conditions
- Verify that all parties have signed the document and initialed each page
- Ensure that any modifications to the contract have been agreed upon and noted
- Once you have completed these steps, you can move on to the next step – Signatures.
Signatures
- Have both parties sign the document in front of a witness
- The witness should also sign the document
- You can check this step off your list when all three signatures are present on the document
Seller
- The Seller should provide their full legal name, address, contact information, and any other information pertinent to the sale
- The Seller should also include any relevant notes or terms to the contract
- When completed, the Seller should sign and date the contract
- The Seller should then provide a copy of the signed contract to the Purchaser
- Once the Seller has completed the step, they can move onto the next step in creating a Conditional Sales Contract, which is the Purchaser step
Purchaser
- Research the Purchaser’s identity and financial background.
- Make sure that the Purchaser has the capacity to pay for the goods and services.
- Make sure that the Purchaser is legally competent to enter into a contract.
- Document the Purchaser’s identity and financial information, and provide them to the Seller for review.
- When the Seller has approved of the Purchaser, the next step can be taken.
FAQ
Q: What is the difference between a conditional sales contract and a regular sales contract?
Asked by Jocelyn on June 8th, 2022.
A: A conditional sales contract is a type of sales contract that outlines specific conditions that must be met in order for the sale to be finalized. The conditions are usually in the form of payment installments, and if these payments are not made on time then the buyer may not be able to take ownership of the product. A regular sales contract, on the other hand, outlines the terms of a sale but does not necessarily require certain conditions to be met before it is completed.
Q: Is there a difference in the legality of a conditional sales contract depending on where I am located?
Asked by Elias on January 13th, 2022.
A: Yes, there can be differences in the legality of a conditional sales contract depending on where you are located. Each country or region has its own laws governing contracts, and so you may need to consider different legal requirements when creating a conditional sales contract depending on whether you are in the US, UK, or EU. You should also make sure that you familiarise yourself with any local or state laws relevant to your particular industry or business model too.
Q: What should I consider when creating a conditional sales contract?
Asked by Katelyn on March 21st, 2022.
A: When creating a conditional sales contract, there are a number of things that you should consider. Firstly, make sure that you understand the local laws governing contracts in your area, as well as any specific laws related to your industry or business model (e.g. SaaS, Technology or B2B). You should also think about what payment terms you wish to include in your contract as well as any other conditions that must be met (such as delivery dates). Finally, it is important to ensure that both parties sign and agree to all the terms and conditions outlined within your contract before it is finalized.
Q: What happens if I breach a condition within the contract?
Asked by Levi on May 3rd, 2022.
A: If you breach a condition within your conditional sales contract then you may be subject to legal action from the other party involved. Depending on the severity of the breach and the terms outlined within your contract, this could involve significant financial penalties or even jail time for serious breaches of contract. Therefore it is important to fully understand all conditions outlined in your contract before signing and agreeing to them to avoid any potential legal issues later down the line.
Q: How do I ensure my rights are protected when creating a conditional sales contract?
Asked by Isabella on October 15th, 2022.
A: To ensure your rights are protected when creating a conditional sales contract it is important to include clear language outlining your rights as well as those of the other party involved in the transaction. This could include things such as payment obligations, delivery dates and any warranties or guarantees made by either party. Additionally, make sure that both parties sign and agree to all terms outlined within your contract before it is finalized to ensure that all parties involved understand their obligations and rights throughout the transaction process.
Q: How do I determine which laws apply when creating a conditional sales contract?
Asked by Mason on April 19th, 2022.
A: When creating a conditional sales contract it is important to determine which laws apply so that you can ensure that all parties involved understand their obligations and rights throughout the transaction process. Generally speaking, you should consider local laws governing contracts in your area as well as any specific laws related to your industry or business model (e.g. SaaS, Technology or B2B). Additionally, if you are working across different countries or regions then you may also need to consider different legal requirements depending on whether you are in the US, UK or EU.
Q: What types of payment terms can I include in my conditional sales contract?
Asked by Emma on August 21st, 2022.
A: When creating a conditional sales contract there are various types of payment terms that you can include depending on what works best for both parties involved in the transaction. Generally speaking these could include things such as installment payments over an agreed period of time with interest charges applied if payments are not made on time; lump sum payments; or even deferred payments with no interest charges applied until an agreed date has been reached by both parties involved in the transaction.
Q: What happens if I need to change one of my payment terms after signing my conditional sales contract?
Asked by Noah on July 26th, 2022.
A: If you need to change one of your payment terms after signing your conditional sales contract then this must be done with both parties’ consent before it can come into effect - otherwise it will not be legally binding and therefore not enforceable if one party were to default on their obligations under the original agreement. If this situation were to arise then it is best practice to draft up an amendment agreement outlining all changes agreed between both parties before signing off and amending the original document accordingly - this will help ensure both parties understand their obligations under any new agreement being proposed and also protect both parties’ interests moving forward into any future transactions too.
Q: Are there any potential risks associated with using a conditional sales contract?
Asked by Liam on November 9th, 2022.
A: Yes, there are potential risks associated with using a conditional sales contract - particularly if either party fails to meet their contractual obligations under any agreed terms outlined within it. This could lead to potential disputes between both parties which could result in one or both party incurring significant financial costs or even jail time for serious breaches of agreement - therefore it is important that both parties fully understand their rights and obligations under any agreement being proposed and only sign off once they have fully read and understood everything included within it too.
Q: What should I do if I think one party has breached their contractual obligations under my conditional sales contact?
Asked by Ava on February 12th, 2022.
A: If you think one party has breached their contractual obligations under your conditional sale contact then it is important that you take action quickly - ideally before any further damage can be done - so that you can protect yourself financially and legally moving forward into any future transactions too. This could involve seeking legal advice from an appropriate professional who can advise you on how best to proceed with regards to any potential dispute arising from this situation - they will also be able to help determine whether or not taking legal action would be beneficial for your particular case too.
Q: Can I use my own custom clauses within my conditional sale contact?
Asked by Abigail on September 27th 2022.
A: Yes - provided they are legally binding - custom clauses can be included within your conditional sale contact so long as they do not conflict with existing laws related to contracts in your area (or across different countries/regions) as well as any specific laws related to your industry or business model (e.g., SaaS, Technology or B2B). It is important however that both parties fully understand their rights and obligations under any custom clause being proposed before signing off - ideally having such clauses reviewed by an appropriate professional who can advise them accordingly too - so they can protect themselves financially and legally moving forward into any future transactions too
Example dispute
Raising a Lawsuit Referencing a Conditional Sales Contract
- Conditional sales contracts are legal agreements between a buyer and a seller that stipulates the terms of sale for a specified product or service.
- The buyer agrees to make a series of payments to the seller over time, and the seller agrees to provide the product or service in exchange.
- A plaintiff may raise a lawsuit referencing a conditional sales contract if they believe the seller has failed to fulfill their obligations under the contract. This could include failure to deliver the product or service, failure to provide an item in the condition promised, or failure to provide the product or service at the agreed-upon price.
- The plaintiff may seek damages for any losses suffered as a result of the breach of contract. This could include the cost of replacing the product or service, costs associated with finding a new provider, or any other losses related to the breach.
- The plaintiff may also seek an injunction to prevent the seller from continuing to breach the contract, or to compel the seller to fulfill their obligations under the contract.
- The court may also award punitive damages in cases where the seller’s breach was particularly egregious or intentional.
- Settlement or a court ruling could also include an order for the seller to provide the product or service as promised, or to refund the purchase price to the buyer.
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