Bartering Contract or Exchange Agreement
1.
Name of Person or entity initiating barter offer (the Offeror):
______________________________________________________________________
2.
Street Address or Post Office Box Number of Offeror:
______________________________________________________________________
3.
City, State and Zip Code __________________________________________________
4.
Phone: ________________Fax: ___________________Email: ___________________
5.
Name of Person or entity accepting barter offer (the Offeree):
______________________________________________________________________
6.
Street Address or Post Office Box Number of Offeree:
______________________________________________________________________
7.
City, State and Zip Code of Offeree: ________________________________________
8.
Phone: ________________Fax: ___________________Email: ___________________
9.
Description of product and/or service that Offeror is offering:
______________________________________________________________________
10.
11.
Condition of product: [
] New
[
] Used
A.
Price: $_____________________
B.
If services are being offered, is this a flat or hourly rate? [
C.
If hourly rate, how many hours are being offered?_____________________
D.
Applicable State Tax (to be paid separately): _______________________
] Yes
[
] No
If a product or products are being offered, describe or identify the following:
A.
Manufacturer: _________________________ Year ______________
B.
Delivery Method: ____________________________________________
C.
Model #: ________________________________________________
D.
Who will pay for delivery? ____________________
E,
Serial #: _________________________________________________
12.
Monetary value of Offeror’s offer to Offeree for barter?
$ _____________
13.
Does offer exceed the price of the item and/or service? [
] Yes
[
] No
If so, how will remainder be paid? _____________________________________
14.
Description of product or service that Offeror wishes to receive: ______________
_________________________________________________________________
A.
Delivery Method: ____________________________________________
B.
Who will pay for delivery? ____________________________________
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This Agreement is between ________________________________, Offeror, and
_______________________________, Offeree, who jointly agree to be bound by the following
terms and conditions when bartering products and/or services as outlined above.
I.
It is understood by both parties that completion and submission of this form by Offeree to
Offeror represents the intent of Offeror and Offeree to enter into a legally binding contract. Upon
acceptance of the product and/or service described above as the bid amount of Offeror, Offeree
agrees to submit payment for the product and/or service via barter and other means (e.g.,
check, money order or credit card), as agreed. Each party agrees to inform the other of all
anticipated fees before commencement of any exchange of products and/or services.
II.
Each party attests that he or she is freely entering into this Agreement freely and will
abide by its directives and requirements.
III.
Each party agrees to adhere to the price set by each as final. Each party attests that the
pricing for product and/or service represents fair market value, to the best of their knowledge,
within that industry.
IV.
Each party represents and warrants that the product and/or service being offered for
barter can legally be sold by them and that their assigned agents or dealers and have full power
to make this Agreement. Each party also represents and warrants that the product and/or
service does not infringe upon any statutory copyright or upon any common law rights,
proprietary rights or any other rights of another person or entity.
V.
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.
VI.
Each party agrees to adhere to the delivery schedule as set by the parties. Each party
agrees to deliver products and/or services in good condition.
VII.
Each party attests that all information included on this contract is true, to the best of their
knowledge.
VIII.
If either party opts to terminate this barter agreement, the terminating party agrees to
compensate the other party fairly for any products and/or services provided as of the date of the
termination notice.
IX.
Any reference to a party includes that party's heirs, executors, administrators,
successors and assigns, singular includes plural and masculine includes feminine.
Witness our signatures effective the ______ day of _________________, 20_____.
________________________________
(Name of Offeror)
________________________________
(Signature of Offeror)
________________________________
(Name of Offeree)
________________________________
(Signature of Offeree)
(Acknowledgment form may vary by state)
STATE OF ______________
COUNTY OF _______________
Personally appeared before me, the undersigned authority in and for the said county and
state, on this ____ day of _________, 20__, within my jurisdiction, the within named,
_________________________ (Name of Offeror), who acknowledged that he/she executed
the above and foregoing instrument.
________________________
NOTARY PUBLIC
My Commission expires:
______________________
STATE OF ______________
COUNTY OF _______________
Personally appeared before me, the undersigned authority in and for the said county and
state, on this _____ day of _________________, 20_____, within my jurisdiction, the within
named, ____________________________ (Name of Offeree), who acknowledged that he/she
executed the above and foregoing instrument.
NOTARY PUBLIC
_______________________
My Commission expires:
______________________