Financial Purchasing Agreement

FINANCIAL PURCHASING AGREEMENT

Parties and Transaction Date

This Financial Purchasing Agreement (the Agreement) is entered into between:

Effective Date:

Recitals

A. Seller is engaged in the business of supplying goods and/or services as described below. B. Purchaser desires to purchase such goods and/or services and to finance all or a portion of the Purchase Price under the terms and conditions set forth in this Agreement. C. Seller agrees to sell and Purchaser agrees to purchase the goods and/or services on the terms set forth herein.

Purchase Details and Itemization

The goods and/or services subject to this Agreement are set forth below. The Description, Quantity, Unit Rate and Amount will govern the Purchase Price calculation.

Financing Terms

Purchaser elects to finance:

Interest shall accrue on the unpaid principal balance at the Annual Interest Rate specified above and shall be calculated on a 365-day year basis. Payments shall first be applied to interest then to principal unless otherwise agreed in writing.

Payment Schedule

The parties agree to the following payment schedule. If additional installments are required, attach an addendum identified as Payment Schedule Addendum.

Balance remaining after scheduled payments shall be due in full on the final installment date unless otherwise documented in a written amendment signed by both parties.

Payment Methods and Late Fees

Accepted payment methods (select all that apply):

Delivery, Title and Risk of Loss

Delivery terms shall be:

Title to goods passes to Purchaser upon:

Risk of loss shall pass as provided in the delivery terms or, if not specified, upon physical delivery to Purchaser.

Representations, Warranties and Covenants

Each party represents and warrants that it has full corporate or individual power and authority to enter into this Agreement, that the execution and delivery of this Agreement has been duly authorized, and that this Agreement constitutes a valid and binding obligation enforceable in accordance with its terms. Seller warrants that the goods shall conform to applicable specifications and be free from material defects for a period of:

Default and Remedies

An Event of Default occurs if Purchaser fails to make any payment when due, becomes insolvent, makes an assignment for the benefit of creditors, or otherwise breaches a material term. Upon an Event of Default Seller may, at its election, accelerate amounts due, suspend deliveries, recover goods, or pursue all remedies available under law or equity. Purchaser shall be liable for reasonable costs of collection, including attorneys' fees and court costs.

Security Interest

To secure Purchaser's obligations under this Agreement, Purchaser grants Seller a purchase-money security interest in the goods purchased hereunder and all proceeds thereof. Purchaser shall execute financing statements and other instruments reasonably requested by Seller to perfect and maintain such security interest.

Taxes, Duties and Insurance

Purchaser shall be responsible for all sales, use, privilege, and other taxes and duties assessed with respect to the purchase, except for taxes based on Seller's income. Purchaser shall maintain insurance coverage customary for the goods and name Seller as secured party or additional insured where required.

Confidentiality and Publicity

Each party shall maintain the confidentiality of the other party's proprietary information disclosed under this Agreement and shall not disclose such information except as required by law. No party shall issue public announcements concerning this Agreement without the other party's prior written consent.

Indemnification

Each party agrees to indemnify, defend and hold harmless the other party from and against any claims, liabilities, losses, damages, and expenses (including reasonable attorneys' fees) arising out of the indemnifying party's breach of this Agreement, negligence or willful misconduct.

Notices

All notices required or permitted under this Agreement shall be in writing and delivered to the addresses of the parties set forth above or to such other address as a party designates by notice. Notices shall be deemed given upon receipt if delivered personally or by certified mail, or upon confirmation of delivery if sent by courier.

Governing Law; Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of: without regard to conflict of law principles. The parties agree that any dispute arising out of or relating to this Agreement shall be resolved by:

Miscellaneous

This Agreement constitutes the entire agreement between the parties and supersedes all prior negotiations and agreements. No amendment shall be effective unless in writing and signed by both parties. If any provision is held unenforceable, the remaining provisions shall remain in full force and effect.

Certifications

Each party certifies that the information provided in this Agreement is true and accurate to the best of its knowledge and that the person signing below is authorized to bind the party for whom they sign.

Sign Now