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Answer :
This contract is made on [DATE] between [TOM], owner of [AUTOMOTIVE PARTS STORE] located at [ADDRESS] (hereinafter referred to as "Seller"), and [PETE], residing at [ADDRESS] (hereinafter referred to as "Buyer"). Tom should bear the risk of loss because he is the seller and has not yet delivered the muffler to Pete. According to the UCC, the risk of loss typically transfers to the buyer upon physical delivery of the goods, which has not occurred in this case. Additionally, Tom's expertise in the specialty vehicle parts industry suggests that he should be responsible for any potential risks associated with the muffler until it is delivered.
1. Sale of Muffler
Seller agrees to sell and Buyer agrees to purchase a muffler for a 1969 Cadillac Eldorado, silver in color, for the price of $600 (hereinafter referred to as "the Muffler").
2. Delivery
Seller shall deliver the Muffler to Buyer's address in Newark, Delaware by May 1, 2015.
3. Payment
Buyer shall pay Seller the purchase price of the Muffler in full upon delivery.
4. Warranties
Seller warrants that the Muffler is free from defects in materials and workmanship. Seller further warrants that the Muffler will be fit for its intended purpose.
5. Governing Law
This contract shall be governed by and construed in accordance with the laws of the State of New York.
6. Entire Agreement
This contract constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written.
7. Severability
If any provision of this contract is held to be invalid or unenforceable, such provision shall be struck from this contract and the remaining provisions shall remain in full force and effect.
8. Waiver
No waiver of any provision of this contract shall be effective unless in writing and signed by both parties.
9. Notices
All notices and other communications hereunder shall be in writing and shall be deemed to have been duly given when delivered in person, upon the first business day following deposit in the United States mail, postage prepaid, certified or registered, return receipt requested, addressed as follows:
10. Headings
The headings in this contract are for convenience only and shall not affect its interpretation.
11. Counterparts
This contract may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
IN WITNESS WHEREOF, the parties have executed this contract as of the date first written above.
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