Purchasing Agreement

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 all credits 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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