Masonry Equipment and Materials Sale Agreement

What a good one includes

• A complete inventory list specifying the make, model, year, and serial numbers of all equipment, along with exact unit counts for materials like bricks or stone.
• A clear "as-is, where-is" clause that protects the seller from future liability regarding the mechanical condition of the used machinery once the sale is finalized.
• Explicit payment terms detailing the accepted methods of payment, deposit amounts, and the exact date when the full balance is due.
• A clause defining who is responsible for the logistics, costs, and safety liabilities of loading and transporting heavy machinery or bulky pallets off the property.
• A guarantee from the seller that they hold clear title to the equipment and that there are no active liens or outstanding financing on the items being sold.
• A statement identifying the exact moment the risk of loss passes from the seller to the buyer, typically upon physical handover or completion of payment.

Common mistakes to avoid

• Omitting serial numbers or specific model variations, which can lead to disputes if the buyer claims they received different tools than negotiated.
• Failing to specify who is liable for damage during the loading and transport of heavy masonry mixers or palletized stone.
• Forgetting to write an explicit warranty disclaimer, leaving the seller vulnerable to demands for refunds if a used wet saw breaks down shortly after the sale.
• Releasing the equipment before funds have fully cleared, exposing the seller to the risk of bounced checks or incomplete bank transfers.

Frequently asked questions