Sample timber sale contract template

Any actual contract between sellers and buyers of timber should be drafted or approved by the seller's attorney. The authors of this bulletin and the Cooperative Extension Service of Michigan State University assume no legal responsibility for the sample contract presented here. Cooper, consulting forester, in the preparation and editing of this bulletin. While the exact wording may differ, the following items should be covered in all timber sale contracts.

The items in this section should be considered for inclusion in any timber sale contract. Depending on the circumstances, some items may be as essential as those listed in Section A. Others may not be needed and should not be included simply as a matter of course.

A note of caution: Too many restrictions may render the contract unacceptable to the buyer. It is the intent of this section to provide landowners with some specific provisions for their own situation.

Article VIII — It is mutually understood and agreed by and between the parties of this agreement as follows:. All timber included in this agreement shall remain the property of the seller until paid for in full. All rights granted under this agreement revert to the seller on the date of the termination of this agreement, whether such termination results from the full performance of this agreement, or is so declared by the seller on account of breach of contract on the part of the buyer.

In case of disputes over the terms of this agreement, final decision shall rest with a reputable person mutually agreed upon by parties concerned and, in case of further disagreement, with an arbitration board of three persons, one to be selected by each party to this contract and a third to be selected by the other two arbiters.

Permission to haul logs and equipment across any land not belonging to the seller shall be obtained by the seller. Buyer shall cease logging operations when ground conditions dictate that continued hauling will do considerable damage to the roads. Seller guarantees that all boundaries are marked correctly and assumes the responsibility for any damage which is the result of incorrectly-marked boundaries.

The seller will give the buyer the option to bid on the next cut of timber, with the right to purchase if the bid equals the high bid and is willing to meet the other stipulations of the contract.

Home Sample Timber Sale Contract. Article II — The seller stipulates that the seller is the sole owner of the tract of land named above and has the full right and power to dispose of the timber specified in this agreement Article III — The seller agrees to permit the buyer to enter onto the land described above for the purpose of cutting and removing the timber which is the subject of this agreement.

Article V — Payment shall be made in the following manner: 1. Any revision to this agreement must be in writing and must be signed by both parties Article VII — The buyer agrees to cut and remove the timber, subject of this agreement, in strict accordance with the following conditions: 1. Buyer agrees to lop all tops and slash to within four feet of the ground. The buyer shall obtain and maintain in force and shall require any subcontractor to obtain and maintain in force, the following insurance: a.

General Personal Injury, and Automobile Liability including bodily injury, personal injury and property damage : 1. Article VIII — It is mutually understood and agreed by and between the parties of this agreement as follows: 1. Seller guarantees that all boundaries are marked correctly and assumes the responsibility for any damage which is the result of incorrectly-marked boundaries The seller will give the buyer the option to bid on the next cut of timber, with the right to purchase if the bid equals the high bid and is willing to meet the other stipulations of the contract.

See Estimate of Timber Volume or other attachment. Whenever any undesignated trees are cut or needlessly damaged, the Purchaser shall pay for them at a rate of three 3 times their scale value. Only nonmerchantable wood may be used for construction purposes in connection with the logging operation. LIABILITY - The Purchaser agrees to save and hold harmless the Seller from any and all claims, penalties or expenses of any nature, type or description whatsoever, arising from the performance of this contract, whether asserted by itself or any individual, organization or governmental agency or subdivision.

The Seller also guarantees that Seller has full right and title to the timber included in this sale. Seller may suspend or cancel all operations for violation of any term of this agreement by the Purchaser, and for cause may retain all monies deposited.

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