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Agreement-Purchase-Your_Business_Buys_IT_or_Capital_Equipment

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Agreement-Purchase-Your_Business_Buys_IT_or_Capital_Equipment Powered By Docstoc
					[From: Free Document Downloads at TheSmallBusinessOwnersManual.com]


This document should be used when your Small Business is
purchasing equipment since terms are generally favorable to
purchaser.


The following text of this document should be reviewed and
edited to fit your purposes.


[Find, then fill-in, or delete text in brackets like this: “[NNN]”


If there are dates in this document, they will automatically change to today’s date.


For additional assistance mailto:LegalHelp@TheSmallBusinessOwnersManual.com or
call 888/872-6601.


Otherwise the following text should be reviewed and edited as needed:
PURCHASE AGREEMENT


This Agreement, (the "Agreement") is made and entered into by and between [ENTER
PURCHASER (“Purchaser"), [ENTER ADDRESS], and [ENTER SELLER] "Seller")
[ENTER ADDRESS].

Seller agrees to sell, and the Purchaser agrees to Purchase, the following equipment
("Equipment"):

PRODUCT ID        DESCRIPTION                          UNIT        QTY      EXTEND
                                                       PRICE                PRICE

                                                                   1
                                                                   1
                                                                   4
                                                                   40
                                                                   2
                                                                   1
                  SHIPPING                                         1
TOTAL

Offer: This agreement is valid until 5:00pm PST, [DATE].

Purchase Price and Terms of Payment: Payment in full due within 25 days after receipt of
all Equipment and installation and acceptance for maintenance by [N]. If, however,
Purchaser does not arrange for install of the Equipment, payment is due 30 days after
receipt of the Equipment.
 -or -
Purchase Price and Terms of Payment: $[N] payment in full due within 20 days after
receipt of all Equipment and installation and acceptance for maintenance by [N]. If,
however, Purchaser does not arrange for install of the Equipment, payment is due 30 days
after receipt of the Equipment.
-or -
Purchase Price and Terms of Payment: $[N] payment in full (cashiers check or wire
transfer) before shipment. Note: SELLER does not pay wire-transfer fees. SELLER
must receive the amount shown above, without deductions for wire transfer fees from
Purchasers’ bank.
-or -
Purchase Price and Terms of Payment: $[N] F.O.B. U.S.; shipment will be released
upon irrevocable and confirmed letter of credit to the bank of Seller described below;
Seller will arrange for crating; the Equipment will be ready for pickup on or before
[DATE].
Crating and Shipping: Seller will arrange for crating; Seller will provide shipment of all
equipment to the Delivery Address shown herein; Seller will provide Equipment as new;
Seller will provide Equipment as new or provide proof of maintenance certification by
vendor [N]; the Equipment will be delivered on or before 30 days after execution and
facsimile return of this document by Purchaser to Seller [FAX].

Special Terms: Seller will arrange for deinstall and crating by vendor [N]; Seller will
provide proof of maintenance certification by vendor [N]; Seller will provide a shipping
and insurance quotation to [N]; Seller will provide Purchaser with shipping weight and
dimensions; EQUIPMENT MUST BE AVAILABLE FOR SHIPMENT ON OR
BEFORE THE CLOSE OF BUSINESS ON [DATE].
Delivery Address:

        [ADDRESS]

Dealer Sales/Use Tax Exemption - Purchaser warrants that the Equipment will be resold
in the form of tangible personal property and is therefore exempt from sales and/or use
taxes, provided, however, that in the event any of such property is used for any purpose
other than retention, demonstration, or display while holding it for sale in the regular
course of business, it is understood that Purchaser is required by the Sales and Use tax
laws to report and pay for the tax, measured by the purchase price of such property.
Purchaser hereby certifies that Purchaser holds a valid sellers permit, number [N] issued
for the purchase of computer equipment under the laws of the state of [STATE].


For PURCHASER (sign):                                     For SELLER (sign):



Print Name:                                               Print Name:

Title
Date:                                                     Date:

TERMS AND CONDITIONS
Seller agrees to sell, and Purchaser agrees to purchase, the equipment described or Page 1
(the "Equipment"), on and subject to the terms and conditions of this Agreement. All
associated cabling, connectors, terminators, and other features, components, accessories
and technical documentation normally associated with this Equipment will be furnished
by Seller. Seller further agrees to sell and assign to Purchaser all of Sellers rights and
interest under the equipment maintenance agreement entered into between Seller and
vendor [N]; Seller shall provide Purchaser with a copy of its most recent equipment
maintenance agreement.
Seller warrants and represents to Purchaser that at the time of delivery: (a) it shall have
good title to the Equipment free and clear of all liens, claims, encumbrances of whatever
kind and description; and (b) all of the Equipment shall be free from all material defects.
Seller shall make good to Purchaser on deficiencies to this Agreement. Defective
equipment will be exchanged at no cost to Purchaser if returned to Seller within 60 days
after receipt by Purchase including return-shipping.
Transfer of title and risk of loss shall occur upon receipt of the Equipment. Seller agrees
to provide Purchaser with a duly executed Bill of Sale in the form of Exhibit A hereto
containing a clause warranting good title free and clear of all liens and encumbrances in
the form of Exhibit A attached hereto.
Time shall be of the essence in the performance of the obligations of Purchaser and Seller
hereunder. In the event that this Agreement and/or the Equipment is not delivered in a
timely manner and as required herein, Purchaser shall have in addition to any other
remedy available to it, the right to cancel this Agreement and receive from Seller the
return of any deposit or other moneys previously paid by Purchaser to Seller.
This agreement shall be governed by the laws of the state of [PURCHASE STATE] and
shall be considered as having been entered into in [PURCHASER CITY OF COUNTY].
This agreement contains the entire agreement between the parties in connection with the
purchase of the Equipment, and all prior and collateral agreements with respect to the
subject matter hereof are merged herein. Except as stated herein this Agreement may
only be amended, canceled, discharged or terminated in writing signed by authorized
officials of both parties hereto. Each term of this Agreement is severable. If a court,
agency, or arbitrator having jurisdiction determines that any term is invalid or
unenforceable under applicable law, that determination will not affect the other terms of
this Agreement, which other terms will continue to be enforced as if the invalid or
unenforceable provisions were omitted. The headings and article titles to this Agreement
are not part of this Agreement and shall have no effect upon the construction or
interpretation of any part thereof.
Further, in the event that either Party defaults under the terms of this Agreement, the
opposing Party shall be entitled to recover its reasonable attorney fees and expenses in
addition to any other remedy at law or in equity.
This Agreement, including any photocopy or facsimile thereof, may be signed in two or
more counterparts, all of which shall constitute one and the same writing. Photocopy
and/or facsimile signatures of authorized representatives of the parties to this Agreement
are legally binding.
IN WITNESS WHEREOF, Purchaser and Seller have duly executed and delivered this
Agreement as indicated on page 1 hereof.



FOR EXHIBIT B, BILL OF SALE
SEE
[Document Downloads at TheSmallBusinessOwnersManual.com]
Agreement- Bill of Sale

				
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posted:8/9/2012
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