BISMILLAHIR RAHMANIR RAHIM
(In the name of All-Mighty Allah, The Beneficent, The Merciful)
Deed of sale of Mobile Phone
This Sale of Goods Agreement (the “Agreement”) is made this 23rd day of January, 2025, by and
between Pixel Hive, with an address of Level 3, Bashundhara Shopping Complex, Dhaka, as represented
by its Sales Manager, Fariha Afsana and hereinafter referred to as the “SELLER”.
AND
Jannatul Maua Pinky, with an address of Block B, Mirpur DOHS, Dhaka and Hereinafter referred to as
“Buyer”.
Recitals:
WHEREAS, Seller is in the business of selling mobile accessories, medicines and general merchandise;
WHEREAS, Buyer wishes to purchase ten (55) sacks of 15-kilogram Royal Canin Cat Dry Food and ten (30)
sacks of Feline Fresh Cat litter.
1. Description of Goods. Seller shall sell and transfer the above quantity and description of goods.
2. Delivery. The Seller shall deliver the goods to the Buyer at the Buyer’s residence. The cost of delivery
shall be borne by the seller. The goods shall be deemed delivered when the Buyer accepted the delivery.
3. Purchase Price and Payments. The Seller agrees to sell the goods to the Buyer for One Hundred
Twenty-Five Thousand Five Hundred Pesos (Php 125,500.00) in accordance to the quoted items in bid
document no. 1234AB. The Seller shall provide an invoice to the Buyer at the time of delivery. All
invoices must be paid, in full, within thirty (30) days from the date of delivery. Any balances not paid
within thirty (30) days will be subject to two percent (2%) late payment penalty for every day of delay.
4. Inspection of Goods and Rejection. The Buyer is entitled to inspect the goods upon delivery. If the
goods are unacceptable for reasons such as incorrect item, expired, tampered packaging and other valid
reasons. In such cases, the Buyer must reject them within three (3) calendar days from date of delivery.
If the Buyer has not rejected the Goods within three (3) calendar days from the date of delivery, the
Buyer shall have waived any right to reject that specific delivery of goods. In the event the Buyer rejects
the goods, the Buyer shall allow the Seller a reasonable time to cure the deficiency. A reasonable time
period shall be two (2) business days from the date the Buyer has notified the Seller.
5. Risk of Loss. Risk of loss will be on the Seller until the time when the Buyer accepts delivery. The Seller
shall maintain any and all necessary insurance in order to insure the goods against loss at the Seller’s
own expense.
6. Title. Title to the goods will remain with the Seller until the Buyer accepts delivery.
7. Delay or Failure to Perform. The Seller will not be liable to the Buyer for any delay, non-delivery or
default of this Agreement due to labor disputes, transportation shortage, delay or shortage of materials
to produce the Goods, fires, accidents, Acts of God, or any other causes outside of the Seller’s control.
The Seller shall notify the Buyer immediately upon realization that it will not be able to deliver the
Goods as promised. Either Party may terminate this Agreement upon such notice.
8. Termination. This Agreement may be terminated at any time by either Party upon written notice to
the other Party. The Buyer will be responsible for payment of all Goods delivered and accepted up to the
date of termination.
9. Warranties. The goods are sold ‘as-is’. The seller expressly disclaims all warranties, whether express or
implied, including, but not limited to, any implied warranty of merchantability or fitness for a particular
purpose and those mentioned in paragraph four (4) on circumstances during inspection of the Buyer. 10.
Limitation of Liability. Under no circumstances shall either party be liable to the other party or any third
party for any damages resulting from any part of this agreement such as, but not limited to, loss of
revenue or anticipated profit or lost business, costs of delay or failure of delivery, which are not related
to or the direct result of a party’s negligence or breach.
11. Severability. In the event any provision of this Agreement is deemed invalid or unenforceable, in
whole or in part, that part shall be severed from the remainder of the Agreement and all other
provisions should continue in full force and effect as valid and enforceable.
12. Remedies and Legal Fees. In the event of a dispute, the Buyer’s sole remedy for any and all losses or
damages resulting from defective goods or from any other cause will be for the purchase price of the
particular Goods with respect to which losses or damages are claimed, plus any shipping costs paid by
the Buyer. In the event such dispute results in legal action, the successful Party will be entitled to its
legal fees, including, but not limited to its attorneys’ fees. The venue for action shall be filed within the
courts in Baguio City.
13. Entire Agreement. The Parties acknowledge and agree that this Agreement represents the entire
agreement between the Parties. In the event that the Parties desire to change, add, or otherwise modify
any terms, they shall do so in writing to be signed by both Parties.
IN WITNESS WHEREOF, the parties hereunto set their hands on this 9th day of DECEMBER 2022 at
BAGUIO CITY. Signed in the presence of:
