ORDER FORM
AGREEMENT FOR PURCHASE
Agreement made as of the ____ day of _______________________, _______ , between Legal Forms - Pahrump ("Seller") and _________________________________ ("Buyer"). Buyer agrees to purchase from Seller, and Seller by its execution of this Agreement agrees to sell to Buyer, on terms and conditions set forth below and on the reverse side hereof, all of the products, machines, computer systems, features and related items identified below (hereinafter referred to individually and collectively as the "Products").
| Customer# | P/O# | Sales Rep# | F.O.B. | Ship Via | Terms | Tax ID# |
| Bill To: | Ship To: | Order # |
| Date: | ||
| Delivered: | ||
Customer # |
P/O # |
Sales Rep. |
F. O. B. |
Ship Via |
Terms |
Tax ID # |
PFI |
Pmt on order |
Qty |
Item |
Units |
Description |
Unit Price |
Office |
Total |
Freight |
| ITEMS | TAX | FREIGHT | HANDLING | ORDER | DROP SHIP | TOTAL |
ALL SALES FINAL, NO RETURNS ALLOWED, SUBJECT TO AVAILABILITY
ALL ORDERS ARE SUBJECT TO ACCEPTANCE AT SELLERS LOCATION IN LAS VEGAS, NEVADA, AND SELLER RESERVES THE RIGHT TO REJECT ANY ORDER . UPON ACCEPTANCE BY SELLER, THE PARTIES WILL BE BOUND BY THE TERMS HEREOF AND ON THE REVERSE SIDE.
Accepted By: _____________________________________ Title: _________________________________
Customer
BY: _____________________________________________ Accepted By: __________________________
Sales Representative Legal Forms - Pahrump
WARRANTY, LIMITATION OF WARRANTY: THE PRODUCTS SHALL BE FREE FROM DEFECTS IN MATERIAL AND WORKMANSHIP, AND FROM OPERATING FAILURE FROM ORDINARY USE UNLESS THE PRODUCTS ARE PURCHASED IN AN "AS IS" CONDITION OR THE PRODUCT DOES NOT COME WITH A MANUFACTURER’S WARRANTY. SELLER’S OBLIGATIONS HEREUNDER SHALL BE LIMITED SOLELY TO SELLER MAKING, AT SELLER’S COST AND EXPENSE, PRODUCT REPLACEMENTS NECESSARY TO MAINTAIN THE PRODUCTS IN GOOD WORKING ORDER DURING THE WARRANTY PERIOD, IF SELLER IS THE MANUFACTURER OR ASSEMBLER OF THE PRODUCTS. ALL WARRANTY REPLACEMENT OF PRODUCTS BY SELLER SHALL BE LIMITED TO PRODUCT MALFUNCTIONS AND PRODUCTS OPERATING FAILURE FROM WORKING USE WHICH ARE DUE AND TRACEABLE TO MATERIAL AND WORKMANSHIP SUPPLIED BY SELLER. NO WARRANTIES OF SELLER APPLY WHERE SELLER IS NOT THE MANUFACTURER. ALL WARRANTIES, WHERE THEY APPLY, ARE REDEEMABLE DIRECTLY THROUGH THE MANUFACTURER AND NOT THROUGH SELLER. THIS WARRANTY AND SELLER'S LIABILITY THEREUNDER IS EXPRESSLY CONDITIONED UPON BUYER'S PROPER USE, MANAGEMENT AND SUPERVISION OF THE PRODUCTS. THE WARRANTY CONTAINED HEREIN IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, AS TO CONDITION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER MATTER CONCERNING THE PRODUCTS OR THE USE OR PERFORMANCE OF THE PRODUCTS.
ADDITIONAL TERMS AND CONDITIONS
The parties hereto agree that this Agreement shall be governed by the Laws of the State of Nevada.
1. PRICE. Buyer agrees to pay the purchase price for the products listed above and herewith deposits with Seller an amount shown under total payment which Seller shall apply against the purchase price of the products. The prices shown above do not include shipping charges, drop ship charges, order charges and item charges. All transportation, rigging, draying, insurance, license fees, taxes, item handling, order changes, drop ship charges and other such charges shall be paid by Buyer.
Restocking charges consist of 50% of the item charges plus item handling, order charges, drop ship charges, freight, transportation, rigging, draying, insurance,and license fees and taxes if any apply.
2. TITLE AND SECURITY INTEREST. Seller shall retain title to the products until Buyer performs all of Buyer's obligations hereunder including, without limitation, payment in full of the purchase price. Seller shall also have until Buyer performs all of its obligations hereunder including, without limitation, payment in full of the purchase price, a purchase money security interest in the products, including all additions and replacements thereto and the proceeds thereof, to secure performance of all such obligations of Buyer.
3. RISK OF LOSS. Risk of loss or damage to the products shall pass to Buyer upon delivery of the products to the carrier (regardless of whether payment of the purchase price has theretofore been made). Unless otherwise advised, Seller may insure to full value the products shipped or declare full value thereof to the carriers at the time of delivery to the carrier and all such insurance costs shall be for Buyer's account. Confiscation or destruction of, or damage to, the products shall not in any way affect the liability of Buyer to pay the purchase price in full.
4. LIMITATION OF LIABILITY. Buyer agrees that the products have been selected by Buyer and are of the design, size, fitness and capacity selected by Buyer and that Buyer is satisfied that the same are suitable and fit for Buyer's purpose. Buyer hereby waives any claim Buyer may have against Seller for any loss, damage, or expense of any kind whatsoever caused by the products or by any defect therein, the use or maintenance thereof, or any servicing or adjustment thereto, not expressly covered by the limited warranty contained in this agreement. Buyer further agrees that Seller will not be liable for any direct, indirect, incidental, consequential or special damages of any nature whatsoever, including but not limited to damages arising from loss of use of the products, lost data, or lost profits, or for any claim or demands against the Buyer by any other party. Seller's liability under this Agreement shall in no event exceed the Purchase Price of the products.
5. TRADE SECRETS AND CONFIDENTIAL INFORMATION. Buyer and Buyer's Agents agree not to divulge, furnish or make accessible to anyone, either prior to the completion of the obligations of this Agreement or at any other time thereafter, or to use for Buyer's own benefit or for the benefit of any other person, partnership, association, or corporation, information not generally available to the public obtained from Legal Forms - Pahrump or any trade secrets, confidential information or any other proprietary information which Buyer knows or should know is confidential or proprietary to Legal Forms - Pahrump
6. REMEDIES UPON DEFAULT. Failure of Buyer to perform its obligations hereunder including, without limitation, payment in full of the purchase price for the products, or the insolvency, filing of any voluntary or involuntary petition of bankruptcy, assignment for the benefit of creditors or dissolution, liquidation, or winding up of the business of Buyer shall constitute a default under this agreement and, shall afford the Seller all the remedies the Laws of the State of Nevada allows. Seller may, in addition to any other remedies which Seller may have, refuse to provide service on the products under any service agreement relating to the products in effect between Seller and Buyer at the time of Buyer's default.
7. INABILITY TO PERFORM. Seller shall not be required to perform Seller's obligations under this agreement, or be liable for Seller's failure to perform or for delay in performance of Seller's obligations hereunder if such performance is prevented, hindered or delayed by reason of any cause beyond any reasonable control of Seller, including, without limitation, any labor dispute, act of God, or regulation or order of any government authority.
8. ASSIGNMENT. This agreement is not assignable by Buyer without written permission from Seller and any attempt by Buyer to assign any rights, duties or obligations which arise under this agreement without such permission shall be void.
9. ATTORNEYS FEES. Buyer agrees to pay Seller any reasonable attorney's fees and any other costs and expenses incurred by Seller in connection with the enforcement of this Agreement.
10. VALIDITY OF AGREEMENT. If any provision or provisions of this agreement shall be held to be invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
11. INCORPORATION BY REFERENCE. Schedules attached hereto are incorporated herein by reference and made a part hereof.
12. MISCELLANEOUS. This Agreement constitutes the complete and exclusive statement of the agreement between the parties which supersedes all proposals, oral or written, and all other communication between the parties relating to the subject matter of this Agreement, any prior cause of dealing, custom or usage of trade or course of performance notwithstanding.
Buyer represents that Buyer is not relying on any oral or written representations not contained in this written Agreement.
In the event that Buyer uses Buyer's purchase order form in connection with the ordering of the products, such order will be governed by the terms of this Agreement and any provision of such order form which differs in any manner from or is in addition to the provisions of this Agreement shall be of no force or effect.
This Agreement may only be amended by a writing, executed by an officer of Seller and an officer of Buyer. In the absence of such an amendment, commencement of performance by Seller shall be for Buyer's convenience only and shall not be deemed acceptance of any proposed amendment by Buyer.
The Buyer acknowledges that it has read this Agreement, and understands and agrees to all terms and conditions stated herein. Rev. 01/16/97 - Legal Forms - Pahrump