Agreement Purchase Order

[COMPANY NAME] [COMPANY ADDRESS] [COMPANY ADDRESS] [COMPANY CITY, STATE, ZIP] [TELEPHONE].; Fax [FACSIMILE] The following number must appear on all related correspondence, shipping papers, and invoices: P.O. NUMBER: [PO#] To: Ship To: P.O. DATE REQUISITIONE R SHIP VIA F.O.B. POINT TERMS QTY UNIT DESCRIPTION UNIT PRICE TOTAL 1SAXN-4422 Symbios SAMPLE Symplicity For Windows NT /Compatible with Symbios SAMPLE 6256 with Series 3X 1 $150.00 SUBTOTAL 150.00 SALES TAX SHIPPING & HANDLING 25.00 OTHER 150.00 TOTAL 175.00 2. Enter this order in accordance with the prices, terms, delivery method, and specifications listed above. 3. Please notify us immediately if you are unable to ship as specified. 4. Send all correspondence to:[CONTACT NAME] as shown above PURCHASE ORDER (“P.O.”), TERMS AND CONDITIONS 1. General Seller agrees to sell, and Purchaser agrees to purchase, the equipment described on Page 1 to this P.O. (the "Equipment"), on and subject to the terms and conditions herein. All associated cabling, connectors, terminators, and other features, components, accessories and technical documentation normally associated with this Equipment will be furnished by Seller. 2. Crating and Shipping Seller will arrange for packaging and crating; Seller will provide shipment of all equipment to the Delivery Address shown herein; Equipment must be shipped on or before 72 hours after receipt of this Purchase Order to ANT at the address shown on page 1 hereto. 3. Dealer Sales/Use Tax Exemption and EIN 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 [SALES TAX PERMIT NUMBER], issued for the purchase of [RESELL ITEMS] under the laws of the state of [STATE]. 4. Seller Warranties 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 P.O.. Defective equipment will be exchanged at no cost to Purchaser if returned to Seller within 60 days after receipt by Purchaser including return-shipping. 5. Time is of the Essence Time shall be of the essence in the performance of the obligations of Purchaser and Seller hereunder. In the event that the Equipment is not delivered in a timely manner as determined by Purchaser, Purchaser shall have in addition to any other remedy available to it, the right to cancel this purchaser order and receive from Seller the return of any deposit or other moneys previously paid by Purchaser to Seller. 6. Miscellaneous This P.O. shall be governed by the laws of the state of [STATE] and shall be considered as having been entered into in [CITY]. This P.O. contains the entire understanding between the parties in connection with the purchase of the Equipment, and all prior and collateral understandings with respect to the subject matter hereof are merged herein. This P.O. may only be amended, canceled, discharged or terminated in writing signed by authorized officials of both parties hereto. Each term of this P.O. 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 P.O., which other terms will continue to be enforced as if the invalid or unenforceable provisions were omitted. In the event of a conflict between the terms of this P.O. and Purchaser-issued documents, this P.O. shall prevail unless otherwise agreed to in writing. Further, in the event that either Party defaults under the terms of this P.O., 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 P.O., 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 P.O. are legally binding.