THIS SALES AGREEMENT (the “Agreement”) dated this _1st_ day of April 2014 between:
Brenda’s Widgets Inc. (BWI) of 123 Main St., Podunk, Iowa 48158
(the ‘Seller’) -AND-
Jim’s Hardware Store (JHS) of 456 First St., Secondville, Michigan 49454
IN CONSIDERATION OF THE COVENANTS and agreements contained in this Sales Agreement, the parties agree as follows:
SALES OF GOODS 1. The Seller will sell, transfer and deliver to the Purchaser on or before May 30, 2014, the following good (the ‘Goods’): 10,000 widgets.
2. $5.00 per widget. The Purchaser will accept the Goods and pay for the goods with the sum of Fifty Thousand Dollars ($50,000) USD, paid …show more content…
10. The Purchaser’s failure to give notice of any claim within 30 days from the date of delivery will constitute an unqualified acceptance of the Goods and a waiver by the Purchaser of all claims with respect to the Goods.
Excuse for Delay or Failure to Perform
11. The Seller will not be liable in any way for any delay, non-delivery or default in shipment due to delays in receipt of materials, fires, accidents and other causes beyond the control of the Seller or its suppliers. If the Seller, in its sole judgment, will be prevented directly or indirectly, on account of any cause beyond its control, from delivering the Goods at the time specified or within one month after the date of this Agreement, then the Seller will have the right to terminate this Agreement by notice in writing to the Purchaser, which notice will be accompanied by full refund of all sums paid by the Purchaser pursuant to this agreement.
12. The Purchaser’s non-exclusive remedy and the Seller’s limit of liability for any and all losses or damages resulting from detective goods or from any other cause will be for the purchase price of the particular delivery with respect to which losses or damages are claimed, plus any transportation charges actually paid by the Purchaser. Cancellation
13. The Seller reserves the right to cancel this Agreement: a. if the Seller fails to