ATM Sales Agreement
Sales Rep______________________________________
Legal Business Name Principal Name Business Address
Corporation Partnership Sole Proprietor LLC Other
DBA Name Phone City, State, Zip
Contact Name Fax No. E-mail Address
Fed Tax ID / SS# _________________ Years Under Current Mgmt __________
Equipment Make_________ Model ____________
Options________________________________________________________
Lease Plan
10% Buyout $1.00 Buyout FMV
Lease Transactions only
Est. Monthly Payment Lease Term
Months
Advance Payment
Add Taxes + Doc Fees
Principal 1 Name
Title
Soc. Sec.#
DOB
% Ownership
Home Address Principal 2 Name Home Address
City, State, Zip Title City, State, Zip Soc. Sec.# DOB
Home Phone % Ownership Home Phone
Bank Name Trade Reference / Phone No.
City, State
Phone# Trade Reference / Phone No.
Acct.#
Cash Sale Price
Additional Amount Due
$________________ $________________ $________________ $________________ $________________
NationalLink, Inc. (“Seller”) hereby agrees to sell, deliver and install, and the customer named above (“Buyer”) hereby agrees to buy, receive and pay for in accordance with this Agreement, the automated teller machine(s) (“ATM”) described in this Agreement. The sale is subject to written acceptance by Seller (NationalLink, Inc.). Buyer acknowledges no sales representative has authority to accept this Agreement on behalf of Seller, or to amend or modify the printed version of this Agreement. If Buyer is acquiring the ATM with lease financing, Buyer hereby authorizes Seller’s leasing company or any credit bureau or other investigative agency to investigate the references obtained from Buyer or any other person pertaining to Buyer’s credit and financial responsibility. Buyer authorizes Bank listed above to release business and personal account information to Seller’s leasing company. The undersigned Buyer or its authorized representative acknowledges having read all of the terms and conditions on BOTH sides of this document and/or both pages, such terms and conditions will apply to this Agreement.
Tax *
TOTAL DUE
50% DEPOSIT
BALANCE DUE $________________
*Orders are subject to sales tax if applicable
___________________________________________________________
____________________________________________________________
Buyer’s Signature
Date
Sales Representative Signature Accepted by Seller (NationalLink, Inc.)
Date Date
___________________________________________________________
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Sale / Lease. If Buyer is acquiring the ATM with lease financing, Seller agrees to sell the ATM to leasing company. Buyer shall promptly submit to leasing company all required documents to allow payment by the leasing company upon installation of the ATM. If Buyer does not submit required documents prior to installation, Buyer shall be responsible to pay the purchase price as provided herein. If Buyer’s application for lease financing is not approved, this Agreement may be voided, provided that Buyer shall be responsible to reimburse Seller for any delivery, installation, de-installation, and return delivery charges incurred by Seller. The lease information on the reverse side of this Agreement is for estimation purposes only, actual lease terms are controlled by the leasing company. Purchase Price and taxes. The purchase price for the ATM(s) is as specified on the reverse side of this Agreement. No federal, state or local sales, or other tax based on the sale of the ATM(s) under this Agreement is included in the sale price. Any such tax must be paid by Buyer, and if by law Seller is liable for the collection of payment thereof, the same shall be added as tax to the sale price and Buyer shall reimburse Seller upon request. Cancellation Policy: Once the ATM application is submitted and input, seller has invested a significant amount of time and has incurred internal processing costs. If the ATM order is canceled by Buyer once this process has taken place, (approximately three (3) days), Buyer will be liable for a $500.00 cancellation fee. Once the Lease has been approved and/or the ATM has been shipped, N’LINK has incurred costs associated with the leasing and shipping company. If the ATM order is canceled by Buyer after this has taken place, (approximately one (1) week), Buyer will be liable for a $1,000.00 cancellation fee to N’LINK and authorizes N’LINK or any of its affiliates to direct debit the account listed on the ACH form for either of the above fees. Payment of Purchase Price. Unless otherwise agreed in writing, Buyer shall pay the purchase price for each ATM to Seller upon installation of the ATM, if any portion of the purchase price is not paid within ten (10) days after installation, Buyer shall pay interest to Seller on such portion of the rate of one and one-half percent (1.5%) per month or the highest rate allowed by law for the period beginning on the installation date and ending on the date the purchase price is paid in full. At Seller’s option, Seller may offset any amounts due from Seller to Buyer or against unpaid obligations of Buyer. Installation/Training. Seller agrees to ship and install the ATM at the location specified on this agreement. Seller will train Buyer’s staff and deliver initial supplies to Buyer. These services are included in the ATM purchase price unless otherwise agreed. Buyer will prepare the site for installation and obtain any permits required by local authorities. Normal installation will include securing the ATM to the floor with bolts as recommended by the manufacturer (unless otherwise requested by Buyer). Buyer acknowledges that such installation is not intended to guarantee or protect the ATM or its contents against forced removal or theft. Additional security devices may be purchased from Seller for an additional cost. Security Interest. Until the purchase price is paid in full, Seller reserves and Buyer grants Seller a security interest in each ATM delivered and installed, as well as the right to enter into and upon the premises where the ATM is located to access and repossess the ATM in the event this Agreement is breached by Buyer. Buyer agrees to sign appropriate financing statements. Bill of Sale. Upon full payment of the purchase price, this Agreement shall constitute a bill of sale. ATM Warranties. a) The ATM shall be warranted pursuant to the terms of the manufacturer’s standard warranty (the “Standard Warranty”), a copy of which is available upon request, or such other Standard Warranty established from time to time by Seller. In the event Buyer purchases an ATM for resale and leases or otherwise conveys any ATM to its customers, Buyer shall pass the Standard Warranty on to Buyer’s customers and shall not make any warranty or other representation on behalf of Seller other than those set forth in the Standard Warranty. b) BUYER UNDERSTANDS THAT THE STANDARD WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, OR OBLIGATIONS, EXPRESS OR IMPLIED. SELLER EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
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Defective ATM. a) If any ATM ordered by Buyer from Seller arrives defective, Buyer shall give Seller prompt notice of the defect. Seller shall either repair or replace the defective ATM on site or instruct Buyer to return the defective ATM to Seller or the manufacturer at no cost to Buyer. Seller shall exchange and supply a nondefective ATM to Buyer in exchange for a returned defective ATM or, at Seller’s option, Seller shall credit Buyer’s account. b) Any defective part of an ATM returned for warranty service which is eligible for repair or replacement under the Standard Warranty may be returned to Seller at no cost to Buyer. Seller will repair or replace the part, at Seller’s option, and return it to Buyer.
10.
LIMITATION OF REMEDIES AND LIABILITY. SELLER’S LIABILITY TO BUYER FOR A DEFECTIVE ATM IS LIMITED TO SELLERS OBLIGATIONS UNDER THE STANDARD WARRANTY. IN NO EVENT SHALL SELLER BE LIABLE FOR COST OF PROCUREMENT, SUBSTITUTE GOODS, LOSS OF PROFITS, FAILURE TO COMPLY WITH THE AMERICANS WITH DISABILITIES ACT OR ANY SIMILAR LAW, OR FOR ANY OTHER SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED. Notice. Any notice required or permitted by this Agreement, or given in connection with this Agreement shall be in writing and shall be deemed effective upon deposit in the United States mail, certified and returned receipt requested, postage prepaid. Notices hall be delivered to the addresses set forth on the reverse side of this Agreement or to such other address as either Buyer or Seller may designate by notice in accordance with this provision. Amendments. No modifications or changes to this Agreement shall be valid or binding, nor shall any waiver of any term or condition in the future be binding, unless such modification, change or waiver is in writing and signed by all parties. Binding Effect. This Agreement shall be binding upon the parties, their legal representatives, successors and permitted assigns. Neither this Agreement nor any right hereunder may be assigned by Buyer without the prior written consent of Seller. Entire Agreement. This Agreement, together with any Site Location Agreement, Processing Agreement and/or Equipment Maintenance Agreement constitutes the entire understanding of the parties to this Agreement with respect to the subject matter hereof. If Seller sends a confirmation notice to Buyer (at either the address or facsimile number for Buyer, and if Buyer fails to object to this Agreement within three (3) days of receipt of such notice, or if Buyer permits the ATM to be installed or accepts any payments from Seller under the terms of any Site Location Agreement or Processing Agreement, then BUYER WAIVES ANY AND ALL CLAIMS REGARDING THE VALIDITY OF THIS AGREEMENT OR ANY SITE LOCATION AGREEMENT OR PROCESSING AGREEMENT, INCLUDING BUT NOT LIMITED TO ANY CLAIMS REGARDING THE AUTHORITY (OR LACK THEREOF) OF THE SIGNOR TO ENTER INTO SUCH AGREEMENT. Collection Cost; Attorney Fees. If suit or action is instituted in connection with any controversy arising out of this Agreement, the prevailing party in such suit or action shall be entitled to recover from and against the losing party, in addition to costs, such sum as the court may adjudge reasonable as attorney fees, including attorney fees in any appellate or bankruptcy proceeding. Buyer agrees to pay all costs of collection for sums due under this Agreement, including reasonable costs and attorney fees, whether or not suit or action is actually commenced. Law. This Agreement shall be construed in accordance with and governed by the laws of the State of California. The parties hereby agree to submit to the jurisdiction of the Courts of the State of California and/or the United States Federal Court encompassing California. Buyer’s Initials ______ Date_________________ Sales Representative Initials ______ Date_________________ NationalLink, Inc. Initials ______ Date _________________
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Sales Agreement
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