This Non-Refundable Contract template is designed for use in the Philippine jurisdiction where businesses need to establish clear, legally enforceable terms for non-returnable payments or deposits. The document is particularly useful in situations involving advance payments, deposits for services, or purchase agreements where refunds are explicitly excluded. It incorporates key requirements from the Civil Code of the Philippines, the Consumer Act of the Philippines, and relevant DTI regulations to ensure enforceability while protecting both business and consumer interests. The contract includes essential provisions for payment terms, explicit acknowledgments of the non-refundable nature, and specific circumstances under which the non-refundable provisions apply. This template is adaptable across various industries and transaction types, providing a robust framework for businesses operating in the Philippines to establish clear non-refundable payment terms.
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1. Parties: Identifies and defines all parties to the contract with their complete legal names, addresses, and any relevant registration numbers
2. Background: Explains the context and purpose of the agreement, including the nature of the transaction and why a non-refundable arrangement is being entered into
3. Definitions: Defines key terms used throughout the agreement, including specific terminology related to the non-refundable nature of the transaction
4. Subject Matter: Clearly describes the goods, services, or rights being transferred under the contract
5. Payment Terms: Details the payment amount, method, and explicitly states the non-refundable nature of the payment
6. Non-Refundable Provisions: Specifically outlines the non-refundable nature of the transaction, circumstances where this applies, and any exceptions if applicable
7. Representations and Warranties: States the assurances and promises made by each party regarding their capacity to enter into the agreement and the subject matter
8. Acknowledgment of Non-Refundable Nature: Contains explicit acknowledgment by the paying party of their understanding and acceptance of the non-refundable terms
9. Governing Law: Specifies that Philippine law governs the agreement and outlines jurisdiction for dispute resolution
10. Entire Agreement: Confirms that the document represents the complete agreement between the parties and supersedes any prior discussions
1. Force Majeure: Optional clause for circumstances beyond parties' control - include if the contract involves ongoing obligations or future performance
2. Confidentiality: Include if sensitive information will be exchanged during the transaction
3. Insurance: Include if the transaction involves valuable goods or services requiring insurance coverage
4. Intellectual Property: Include if the transaction involves any IP rights or licenses
5. Assignment: Include if there's a possibility of rights/obligations being transferred to other parties
6. Notices: Include if formal communications between parties are expected during the contract term
7. Termination: Include if the agreement has ongoing obligations that might need to be terminated
1. Schedule A - Payment Details: Detailed breakdown of payment terms, installments, and payment methods
2. Schedule B - Product/Service Specifications: Detailed specifications of goods/services being provided under the contract
3. Schedule C - Delivery Terms: Specific details about delivery or performance timelines if applicable
4. Appendix 1 - Required Documents: List of documents required from either party to complete the transaction
5. Appendix 2 - Compliance Requirements: Specific regulatory or statutory requirements that must be met
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