This agreement is entered into by and between D & R Masters, Inc., a California corporation, d/b/a PianoFinders [ hereinafter referred to as "Piano Finders"] and (*indicates required fields):

* Email:

*Buyer #1: 

*Address:  

*City:  

*State:  

*Zip:

*Country:

*Telephone #1:  

Telephone #2:

*Fax:

(a fax number is required for at least the first buyer.  If you don't have one, contact a local copy/fax service and obtain an number where we can fax an executed version of this contract)

Buyer #2: 

Address:

City:

State:

Zip:

Country:

Telephone #1:

Telephone #2:

Fax:

in relation to:

*Piano:   

*Serial #: 

(if no serial number was found on piano, type "unknown")

*Size:

*Finish:

Model #:

Appraisal #: if applicable.

*Total Purchase Price in U.S. dollars:

  
(If you are placing a bid through an Ebay auction on this piano simultaneous to completing this Purchase offer, type in "Highest Bid placed at Ebay Auction # ENTER EBAY AUCTION NUMBER")

*Deposit: in U.S. Dollars (no less than 20% of Total Purchase Price):

 
(If you are placing a bid through an Ebay auction on this piano simultaneous to completing this Purchase offer, type in "Highest Bid placed at Ebay Auction # ENTER EBAY AUCTION NUMBER")

Wire Transfer to be made to Piano Finders Bank account no later than 3 business days from the date of this contract, if this contract has been returned by fax with a Piano Finders signature, signifying Piano Finders' acceptance of the offer. (Piano Finders will give you bank account information upon acceptance of this contract)

*Remaining Balance:  in U. S. Dollars:

(If you are placing a bid through an Ebay auction on this piano simultaneous to completing this Purchase offer, type in "Not Applicable" for both Remaining Balance above and Date below.)

TO BE PAID ON OR BEFORE *(DATE):

Wire Transfer to be made to Piano Finders Bank account no later than 3 business days from the date of this contract, if this contract has been returned by fax with a Piano Finders signature, signifying Piano Finders' acceptance of the offer. (Piano Finders will give you bank account information upon acceptance of this contract)

WARRANTY PROVIDED BY:   N/A   DATE WARRANTY BEGINS:  N/A

SPECIAL ARRANGEMENTS:

      1.    Who will arrange for move:  Buyer 

      2.    Who will pay for move?: Buyer

      3.    Who will arrange for first tuning in the home?: Buyer

      4.    Who will pay for first tuning in home?: Buyer

      5.    Who will pay for bench?: Buyer. Describe bench: (If piano was advertized by Piano Finders as having a bench, then bench is included in the Total Purchase Price for the piano.)

      6.    Piano will be moved from its present location not sooner than

 *(date): or later than *(date):

      7.    Additional repairs or upgrades to the piano are not a part of this agreement.

           TERMS AND CONDITIONS

1. BUYER hereby agrees to purchase from OWNER the piano mentioned above.

2. Purchase Price:  Buyer shall pay Piano Finders the TOTAL PURCHASE PRICE in U.S. Dollars for the OWNER's account if this offer is accepted by Piano Finders and returned by fax to Buyer within 3 business days of today's date, with a Piano Finders authorized signature.  If Piano Finders does not return this OFFER by fax with their signature, then this OFFER will be null and void and BUYER is not obligated to buy piano. 

3. Deposit:   Buyer's DEPOSIT will  be applied towards the purchase price.   All deposits are nonrefundable. The balance will be paid as detailed under REMAINING BALANCE.

4. Breach of Contract:  Acknowledging that it is difficult or impracticable to fix the actual damages arising from the breach of this contract if the buyer fails to pay the sums agreed upon in paragraph 2 & 3 within the time specified,  the Buyer agrees pay to PIANO FINDERS as liquidated damages the sum of 30% of TOTAL PURCHASE PRICE in U.S. Dollars, which sum represents the parties' best estimates of the actual damage that would be sustained by PIANO FINDERS and the Owner in the event of such a breach.    
   Buyer's Initials: __________  
   PIANO FINDERS, Initials: _____________.

5. Moving and Maintenance:  Other than as outlined under the section of this contract titled SPECIAL ARRANGEMENTS,  Buyer shall be responsible for moving, servicing and piano related expenses.

6. Escrow:  PIANO FINDERS shall establish an escrow account to effect the exchange of the purchase funds and transfer documents.  Not later than 3 business days after PIANO FINDERS has received TOTAL PURCHASE PRICE from buyer, OWNER shall deposit into escrow a bill of sale drawn in favor of Buyer, and Buyer shall deliver into escrow payment of the balance of the purchase by cashiers check made payable to PIANO FINDERS as trustee.  Funds placed into the escrow account need not be segregated from other escrowed funds, but, shall be accounted for separately.

7. Waiver:  Buyer acknowledges that PIANO FINDERS acts as a broker in respect to this transaction.  PIANO FINDERS shall exercise its best efforts to procure, but cannot guarantee, OWNER's performance in closing.  Buyer waives any claim against OWNER or PIANO FINDERS for OWNER's refusal or failure to close.  In the event OWNER shall fail or refuse to complete the sale, then the Buyer's deposit shall be returned by PIANO FINDERS and each party restored to its original position.

8. Title and Risk of Loss:  Title to the piano and all risks of loss shall remain with the OWNER until the seller has received an authorized signature on the  "Acceptance of Delivery" form, at which time they shall pass directly to Buyer.

9.  Risk of Loss: Buyer acknowledges that he/she has the SOLE obligation to insure the PIANO and that buyer bears the ENTIRE risk of loss, from whatever cause, as soon "Acceptance of Delivery" form has been signed, while such property is subject to this agreement.

10. Transfer of Possession:  BUYER shall be entitled to take possession of the piano as soon as completed parts of the Escrow Instructions which are the responsibility of the BUYER

11. Except as expressly provided in the section of this contract titled WARRANTY, the piano is being sold: "AS IS"  The entire risk as to the quality and performance of the piano is with the buyer.  Should the piano prove defective, the buyer and not the OWNER or PIANO FINDERS, assumes the entire cost of all servicing and repair.  PIANO FINDERS makes no warranties, express or implied, in respect to the piano.

ADDITIONAL TERMS AND CONDITIONS:

13. Governing Law. This agreement shall be construed under the laws of the State of California and the United States of America.

14. Arbitration:  Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association, and venued in Walnut Creek, California, USA, unless another venue is agreed to by the parties and judgment upon the award rendered by the arbitrator or arbitrators may be entered in any court of competent jurisdiction.

15. Entire Agreement:  This writing contains the entire agreement of the parties.  No representations other than those expressly set forth in this agreement were made or relied upon by either party.  No agent, employee, or other representative of either party is empowered to alter any of the terms of this agreement, unless done in writing and signed by an executive officer of the respective parties.

16. Notices: All notices pertaining to this Agreement shall be made in writing and shall be transmitted either by personal hand delivery or through the facilities of the United States Postal Service.  The addresses contained herein for the respective parties shall be the places where notices shall be sent, unless written notice of a change of address is given.

17. Attorney's Fees: In the event legal proceedings are brought to enforce or interpret this agreement, the prevailing party shall be entitled to an award of reasonable attorneys fees incurred therein.

Date of this contract: ______

BUYER by:

Signature:____________________________________        Signature:_____________________________________         

PIANO FINDERS by

Signature:______________________________________  Title:____________________________  Date:_________

This is a legally binding contract.    Your are accepting all of the terms of this contract when you click on the button below .