This is an agreement between a seller and a purchaser for goods, with the
understanding that the seller can buy back the goods. The seller will buy back the
goods subject to the terms and conditions specified under the agreement. In addition,
this agreement specifies the restocking charge and which party will pay for the return
freight. This agreement can be used by small businesses or other entities that want the
option to repurchase goods upon the happening of a said occurrence.
Seller Agreement to Repurchase Goods
This Agreement is entered into as of the date set forth below by and between
("Seller") and __________________________________ ("Purchaser");
R E C I T A L S:
A. Buyer is purchasing certain goods from Seller, as specified below (the “Goods”);
B. Seller desires to agree to repurchase the Goods under certain circumstances;
NOW THEREFORE, in reliance on the foregoing recitals and in consideration of the
mutual covenants and undertakings contained herein and subject to and upon the terms and
conditions hereinafter set forth, the parties hereto agree as follows:
1. Seller agrees to repurchase any of the Goods from Buyer, subject to the terms and
conditions set forth herein:
2. All such returns shall be subject to a restocking charge of ______%) percent of the
purchase price for the Goods paid by Buyer. All the Goods must be in their original packaging
and in re-salable condition.
3. Seller shall not be obligated to repurchase the Goods under this contract unless and
until it shall have been furnished assurances which are, in its opinion, adequate to insure that the
goods will be delivered to Seller free and clear of any and all liens, encumbrances, security
interests and other claims of third parties to the goods.
4. Buyer may, up on notice to Seller, assign this repurchase right to any party holding a
security interest in the goods, and if such option is exercised Seller agrees not assert as against
any such bank, finance company or other secured party, any right of set-off, recoupment or
counterclaim which may now exist or hereafter arise under or by virtue of any transaction
between Seller and Buyer.
5. The right of repurchase shall extend to all goods of the same type as stated herein,
unless prior to a shipment, the same is canceled by notice sent by the most expeditious means.
6. Return freight on the goods shall be paid by: ______________________
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day
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and year first above written.
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