Is a Purchase Order a Legal Contract?

Is a Purchase Order a Legal Contract?

The world of purchase orders and contracts can be a bit confusing sometimes. We’ve put together a short article outlining the similarities and differences between the two to help you sort them out. 

Purchase Order and Contracts Basics

Let’s start by talking about each of these documents. A purchase order is a document from a buyer to a seller that orders a product. It should include everything the seller would need to know including quantity, price, a description and a delivery date. 

When a purchase order is accepted by the seller, it does become a legal contract. The seller is acknowledging they will sell the items on the purchase order for the prices listed, and abide by the terms and conditions. 

Note that the seller does not have to accept the purchase order. It isn’t considered a legal contract until it’s accepted by the seller. 

A contract is a document that outlines descriptions and costs of goods. It also contains terms and conditions. 

This gets confusing, because it means a purchase order can be a contract. However, that doesn’t mean all contracts are purchase orders. One way that might help is to think about the timeframe. 

Short Term vs. Long Term

A purchase order usually refers to something that has a short duration. The terms may be to deliver in a couple of hours or in 2 years. Either way, the duration is relatively short compared to how long some contracts can go. 

A contract can often be a long term document. For example, it may specify that the buyer will purchase items from a seller for up to 3 years, without going to the market for competitive bids. Or it might outline how the buyer and seller manage freight and transportation of the goods. 

Another way to think about it is guidance. A contract gives guidance to how purchase orders should be executed. 

Terms and Conditions in Legal Contracts

Another example to explain the differences between purchase orders and contracts can be seen in the terms and conditions. 

A purchase order will usually have some kind of terms. For example, there will be a delivery date, address, and payment terms – such as Net 30 (meaning the buyer needs to pay for the goods within 30 days.) 

A contract will usually be more specific, thus making them useful for complex transactions and relationships. For example, it makes sense to have a contract when a company is offering marketing services to another one. It might break down the expected results, how the marketing agency will be paid, how long the two parties will work together, reporting methods and more. 

For physical goods, a contract might be used to specify certain aspects of the product such as size, weight, performance, cost or lead time. This makes sense if the buyer is paying the seller to develop a new product. 

Is a purchase order a contract? Once it becomes accepted by the seller, yes. However, the world of contracts and POs is a convoluted one, so if you have questions call us at 714.456.9118 or send us an email at info@voneschlaw.com. We look forward to hearing from you.

Courtesy of Cuselleration

Divorce

How Long Does Getting a Divorce Take?

How long does getting a divorce take? There is not a definitive answer for everyone. A lot of factors come into play such as where you live, how quickly the pair can come to agreement on terms of the divorce, and more. 

Here are a few things that affect the overall timing.

How Long Does a Divorce Take – Waiting Period Requirements

One factor that plays into the time required for a divorce is the waiting period.

A waiting period is often referred to as a “cooling off” period. It is the length of time required by certain states before a divorce can be filed or finalized. This gives the couple time to work things out. Sometimes divorce papers are submitted as part of an emotional outburst, and this helps rectify things before they’re set in stone.

Every state has a different waiting period. Some, such as Nevada, are very short. You only have to wait 14-28 days after filing the divorce papers before it can be finalized. Others take much longer. In California, you need to wait 6 months and 1 day after the papers were filed until you can get a divorce.

This is generally a good thing, because it ensures the couple is ready for this major life change before it legally happens. Some families are able to work things out and stay together, and this long timeline gives them a better chance of that happening. 

How Long Does a Divorce Take – Separation Requirements

A separation requirement is the amount of time the two people must be separated before getting a divorce. The reason for this is similar to the waiting period. It gives the couple some time to re-evaluate and determine if divorce is what they really want.

Not all states have a separation requirement. In that case, the couple can actually still live together during the divorce. This usually happens if children are involved, so at least they can still have both parents around. In California, it’s possible for people who are divorced to keep living together. 

What Else Affects How Long a Divorce Can Take?

Besides the waiting period and separation requirements, the main thing affecting how long a divorce takes is the back and forth between the spouses and their attorneys. There are generally disagreements regarding a few factors

  • Who gets the house
  • Alimony
  • Child support
  • Child custody
  • Financial assets

There is no blanket black-and-white policy with how to manage these. Each divorce situation is different, and sometimes it can take months to come to an agreement. Even though some people are able to figure these things out and be divorced quickly, others draw it out to get as much as possible from the separation. 

Are you ready to file for divorce or has your partner filed papers? Give us a call at 714.456.9118 or send us an email at info@voneschlaw.com. We look forward to helping you through this difficult situation. 

Courtesy of Cuselleration