Purchasing Agreement Specific Terms

Company Name:

Telephone:

Company Address:

Sales contact:

Accounting Contact:

Purchasing Terms:

1. Terms on opening order are 2% / 45, net 90 days.

2. Reorder terms are 2% / 30, net 60 days.

3. All terms start when __ (company) receives products (not when product is shipped).

4. __ (company), is not liable for any interest, service charges, or any other charges due to late or past due payments.

5. All product in stock / owned by __ (company), will be covered by price protection from vendor by means of a credit memo without any requirement of a reorder.

6. __ (company), reserves the right to offset any and allcredits against any outstanding invoices. These include but are not entitled to: returned merchandise credits, market development funds, co-op /advertising funds, price protection, and any other that might apply.

7. The terms here within overrides any and all conflicting terms in any other agreement between parties including, but not limited to, vendors invoice.

Shipping Terms:

1. All products shipped to __ (company), locations shall be prepaid without additional cost to __ (company), including but not limited to, handling and insurance. No other cost will be paid by __ (company), except for product received.

2. No restocking fees will apply or be paid by ___ (company).

Terms and Conditions:

1. __ (company), with cooperation from __ (company), retains the right to return any or all (with or without original packaging) products at original purchasing cost (not current market value). We retain this right within the __ day trial period, or upon termination of vendor, for a full cash refund under ___.

2. No restocking fees will apply or be paid by __ (company).

3. Vendor will be responsible for all returned merchandise freight cost from opening order, or __ (company), reserves the right to deduct such cost from any due invoices.

4. All product purchased from ___ (company), may be returned for credit against future purchases or outstanding invoices. Invoice numbers will not be supplied. If no outstanding invoices exist a refund check payable to: __ (company), for the most current cost that __ (company) purchases (not market value) will be mailed.

5. Vendor will issue __ (company), a Return Merchandise Authorization number for credit within ____ working days for all defective merchandise, customer dissatisfaction returns, or products that have been discontinued by the manufacturer. __ (company), reserves the right to ask for a, credit memo, or check confirmation for any outstanding Return Merchandise Authorizations that are current before payment on any invoices.

Warranty Terms:

1. Manufacturers warranty is to begin from consumer date of purchase, not with __ (company), for a minimum of one year from that date in accordance with ___ (state) Civil Code 1790-1795.8, Song-Beverly Consumer Warranty Act.

2. In no way is __ (company), to be liable or responsible for any product warranty that is purchased from __ (company). Example Manufacturer discontinued product, or manufacturer is no longer in business, or any other reason, full credit will be required at the purchased price (not current market value). __ (company), reserves the right to ask for a credit memo, or check confirmation for any outstanding unpaid warranty claims before payment on any invoices.

Market Develop Funds:

1. All new product vendors must commit to __ months __ days in advertising. All future business will depend heavily on advertising funds through __ (company).

2. __ (company), reserves the right to ask for a credit memo, or check confirmation, for any outstanding CO-OP or Market Develop Funds that may have accrued before payment on any invoices.

Terms Of Dispute:

1. If legal action is required to enforce or interpret this agreement or any provisions laid here within, the prevailing party shall receive its reasonable attorney fees and cost from the non-prevailing party.

2. The above agreement also applies to all drop ship orders to customers and __ (company), stores.

3. This agreement bay be terminated by either party with __ days prior written notice to the other party.

NOTE: This Agreement Must Be Signed By An Officer Or Authorized Agent Of the Above Named Company.

Print Name: __________________ Title: ________________

Signature: __________________ Date: _________________

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