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    Retail

 

  • A retail agreement (also known as a retail contract, a retail purchase agreement or the like), is a written legal document governed in the United States (US) by the Uniform Commercial Code (UCC) – as defined specifically within each State individually, following generally the original Model UCC, which requires a written retail agreement for every transaction of at least $500 in which at least one of the parties has the specified qualifications to be considered a "merchant" (as defined in the particular UCC of the particular State under whose law the transaction will be governed, but generally defines as any seller who regularly sells similar items or any buyer who regularly buys similar items) – which establishes the legal framework to facilitate a transaction consisting of the exchange of goods for money or some other item of value between two individuals or entities (each individually known as a "party" to the transaction, or collectively as "parties" to the transaction), an individual person or entity who wishes to sell goods and an individual person or entity who wishes to purchase such goods – and which can be very complex, but which contains at least the basic elements of the proposed transaction – such as the offer (to sell or purchase) and the acceptance (to purchase or sell), the consideration (the specification of the amount of money or other item of value that will be exchanged between the parties to monetize the transaction, and which can be paid by the purchaser to the seller either in a lump sum upon the execution of the agreement by both parties, or in periodic scheduled installments over a time period specified in the agreement and at ), clear evidence of a meeting of the minds (the written terms to which both parties have agreed, as evidenced by both of their signatures (or the signatures of their authorized representatives) at the end of the document, the "effective date" of the transaction (meaning the date on which the transaction binds both parties to the terms of the retail agreement, if such date is different than the date on which both parties have executed such retail agreement), the price and quantity of each item specified in the retail agreement, and the law of the particular State which will govern the transaction.

 

  • The business-to-business (B2B) versions of retail agreements may be more complex than the consumer versions of such retail agreements, since the parties to such B2B retail agreements tend to be more knowledgeable about the market conditions and peculiarities involved in dealing with the goods that may be the subjects of such B2B retain agreements – for example, B2B retail agreements may contain complex discount schedules as enticements for the purchaser to purchase larger quantities of the subject items in each transaction, whereas the consumer version of such retail agreement may be structured to sell only one item.

 

  • Negotiating and drafting various agreements, contracts, documents, forms and templates related retail practice, such as: authorized online retailer; authorized retailer; client; customer; dealer; dealer resale; distribution; distributor; distributor retailer; exclusive distributorship (in which a supplier/seller of particular items allows a distributor/purchaser of goods to have a specified geographical area in which such supplier will not supply any other competing distributor with similar such particular items); factory-authorized retailer; installment credit; installment sales (allowing for the immediate transfer of the subject item in exchange of periodic payments from the purchaser to be made to the seller pursuant to a schedule specified in the agreement); end user purchaser; independent retailer; manufactured home retailer; master retailer; merchandiser display fixture; national retailer; non-exclusive retailer; retail repurchase; retailer; retail sale (the most common, a straight buy-sell transaction, in which the subject item and the consideration are exchanged at or close to the time the transaction takes effect, which would not include any special provisions for delayed payments or escrow of the item until all payments have been completed, or the like); stationery retailer; vending concession; vendor.

 

  • Negotiating and drafting various ancillary agreements, contracts, documents, forms and templates related retail practice, such as: access services; customer operating and transmission services; retail business asset purchase; retail services; voice services for retail; sales agent.

 

  • Compliance with all Federal, State and local guidelines, laws, statutes, regulations, rules affecting retail agreements, such as: all State and local consumer affairs, data privacy, data security health; American National Standards Institute (ANSI); American Society for Testing and Materials (ASTM); Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF); Consumer Product Safety Act (CPSA); Consumer Product Safety Improvement Act (CPSIA); Consumer Product Safety Commission (CPSC) compliance, investigations and reporting; Controlling the Assault of Non-Solicited Pornography And Marketing Act (CAN-SPAM); Customs and Border Protection (CBP); Drug Enforcement Administration (DEA); Federal Trade Commission Act (FTC) – as enforced by the Federal Trade Commission (FTC) for the Title 16 truth-in-advertising, bait-and-switch, Guide 23 (for gemstones and metals), Guide 239 (for guarantees and warranties) and similar issues; Food Allergen Labeling and Consumer Protection Act (FALCPA); Food and Drug Administration (FDA); Federal Trade Commission (FTC); International Organization for Standardization (ISO); Magnuson-Moss Warranty Act (MMWA); National Fire Protection Association (NFPA); unfair and deceptive acts and practices (UDAP) statutes.

 

  • Experience in all industries and services related to any types of retail transactions, such as agreements: acquisitions; advertising; antitrust; consumer protection; contracts; collective bargaining; compliance; credit; customs; data privacy; data security; divestitures; ecommerce; employment; environmental; equipment maintenance; fashion; finance; food; franchising; intellectual property (including copyright, counterfeit protection, infringement, inventions, trade dress, trade secrets, trademarks, patents, works-for-hire); joint ventures; hospitality; human resources; insurance; intellectual property; labor; land use; licensing; litigation; manufacturing; marketing; mergers; pharmaceuticals; product liability; promotions; real estate; restructuring; trade; strategic alliances; venture capital; zoning.

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    Last updated 210107_2039

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