Fill and Sign the Agreement Remedies Form

General Form of Agreement for the Sale of Goods or Personal Property with Limitation of the Remedies of the Buyer Agreement made on the _______________ (date) , between ______________________ (Name of Buyer) of ____________________________________________________________ ___________________ (street address, city, county, state, zip code) , referred to herein as Buyer , and __________________________ (Name of Seller) , of _______________________ _______________________________________________________ (street address, city, county, state, zip code) , referred to herein as Seller . 1. Sale of Goods Seller agrees to sell and Buyer agrees to buy _______________ (quantity or units) of _________________________________ (type of goods) of ___________________________ _______________________________ (description of goods) to be delivered by Seller to Buyer at _____________________________________________________________________ ____________ (address of Buyer) on or before ___________________ (date of delivery) . 2. Description The goods subject of this sale and which Seller shall deliver to Buyer and for which Buyer shall pay shall conform to the following specifications: ____________________________ ______________________________________________________________ (specifications) . 3. Warranty Seller warrants that the goods shall meet the specifications described in this Agreement. This warranty is exclusive, and is in lieu of all other warranties, whether written, oral, or implied, including the warranty of merchantability and the warranty of fitness for a particular purpose. 4. Delivery Delivery shall be on or before ___________________ (date) and shall be to Buyer at Seller's place of business. Seller agrees to furnish the facilities and at his own cost to load the goods on trucks furnished by Buyer. 5. Packaging Buyer shall give Seller instructions for the packaging of the goods not less than _______ (number) hours prior to the date of delivery, and the reasonable cost of such packaging shall be charged to Buyer. 6. Title Title shall remain with Seller until delivery and actual receipt of the goods by Buyer. 7. Risk of Loss Identification shall take place on the packaging of the goods, and the risk of loss shall pass on such identification. 8. Price and Time of Payment The price of the goods shall be $_____________, and shall be paid at the time of delivery and at the place of delivery by cashier's or certified check. 9. Inspection Inspection shall be made by Buyer at the time and place of delivery. 10. Claims Buyer's failure to give notice of any claim within ______ (number) days from the date of delivery shall constitute an unqualified acceptance of the goods and a waiver by Buyer of all claims with respect to the goods. 11. Remedies Buyer's exclusive remedy and Seller's limit of liability for any and all losses or damages resulting from defective goods or from any other cause shall 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 Buyer. 12. Severability The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. If any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. 13. No Waiver The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. 14. Governing Law This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of _____________. 15. Notices Any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement. 16. Attorney’s Fees In the event that any lawsuit is filed in relation to this Agreement, the unsuccessful party in the action shall pay to the successful party, in addition to all the sums that either party may be called on to pay, a reasonable sum for the successful party's attorney fees. 17. Mandatory Arbitration Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect. 18. Entire Agreement This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. 19. Modification of Agreement Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party. 20. Assignment of Rights The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party. 21. In this Agreement, any reference to a party includes that party's heirs, executors, administrators, successors and assigns, singular includes plural and masculine includes feminine. WITNESS our signatures as of the day and date first above stated. ________________________ _________________________ (P rinted name) (P rinted name) ________________________ _________________________ (Signature of Seller) (Signature of Buyer)