![]() ![]() The Parties each represent that they have the authority to enter into this Agreement. This Agreement may be entered into and is legal and binding both in the United States and throughout Europe. This Agreement is legal and binding between the Parties as stated above. In the event such dispute results in legal action, the successful Party will be entitled to its legal fees, including, but not limited to its attorneys’ fees. In the event of a dispute, the Buyer’s sole remedy for any and all losses or damages resulting from defective Goods or from any other cause will be for the purchase price of the particular Goods with respect to which losses or damages are claimed, plus any shipping costs paid by the Buyer. The failure by either Party to exercise any right, power, or privilege under the terms of this Agreement will not be construed as a waiver of any subsequent or future exercise of that right, power, or privilege or the exercise of any other right, power, or privilege. In the event any provision of this Agreement is deemed invalid or unenforceable, in whole or in part, that part shall be severed from the remainder of the Agreement and all other provisions should continue in full force and effect as valid and enforceable. UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY DAMAGES RESULTING FROM ANY PART OF THIS AGREEMENT SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFIT OR LOST BUSINESS, COSTS OF DELAY OR FAILURE OF DELIVERY, WHICH ARE NOT RELATED TO OR THE DIRECT RESULT OF A PARTY’S NEGLIGENCE OR BREACH. THE SELLER EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. The Buyer will be responsible for payment of all Goods delivered and accepted up to the date of termination.ĭisclaimer of Warranties. This Agreement may be terminated at any time by either Party upon written notice to the other Party. Either Party may terminate this Agreement upon such notice. The Seller shall notify the Buyer immediately upon realization that it will not be able to deliver the Goods as promised. The Seller will not be liable to the Buyer for any delay, non-delivery or default of this Agreement due to labor disputes, transportation shortage, delay or shortage of materials to produce the Goods, fires, accidents, Acts of God, or any other causes outside of the Seller’s control. Title to the Goods will remain with the Seller until the Buyer accepts delivery.Įxcuse for Delay or Failure to Perform. The Seller shall maintain any and all necessary insurance in order to insure the Goods against loss at the Seller’s own expense. Risk of loss will be on the Seller until the time when the Buyer accepts delivery. A reasonable time period shall be determined by industry standards for the particular Goods, as well as the Seller and the Buyer. In the event the Buyer rejects the Goods, the Buyer shall allow the Seller a reasonable time to cure the deficiency. If the Buyer has not rejected the Goods within five (5) business days from the date of delivery, the Buyer shall have waived any right to reject that specific delivery of Goods. If the Goods are unacceptable for any reason, the Buyer must reject them at the time of delivery or within five (5) business days from the date of delivery. The Buyer is entitled to inspect the Goods upon delivery. Any balances not paid within thirty (30) days will be subject to a five percent (5%) late payment penalty. All invoices must be paid, in full, within thirty (30) days. The Seller will provide an invoice to the Buyer at the time of delivery. The Seller agrees to sell the Goods to the Buyer for $_. The shipping method shall be determined by the Seller, but the Buyer will only be responsible for shipping costs up to $_. The Goods shall be deemed delivered when the Buyer has accepted delivery at the above-referenced location. The Seller shall deliver the Goods to the Buyer at _. The Seller shall make available for sale and the Buyer shall purchase _(the “Goods”).ĭelivery. The Buyer wishes to purchase the aforementioned product(s). ![]() The Seller is the manufacturer/distributor of the following product(s): This Sales Agreement (the “Agreement”) is entered into _ (the “Effective Date”), by and between _, with an address of _ (the “Seller”) and _, with an address of _, (the “Buyer”), also individually referred to as “Party”, and collectively “the Parties.”
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |