Jewelry Sales Agreement for Princess Cut Earrings

Jewelry Sales Agreement for Princess Cut Earrings

This Jewelry Sales Agreement (the Agreement) is entered into as of by and between:

Seller Name:

Buyer Name:

WHEREAS

WHEREAS, Seller is engaged in the business of manufacturing, appraising and selling fine jewelry, including items set with princess cut diamonds and other gemstones; and

WHEREAS, Buyer desires to purchase from Seller, and Seller agrees to sell to Buyer, a specific pair of princess cut diamond earrings described below under the terms and conditions set forth in this Agreement.

DESCRIPTION OF GOODS

Item Name:

Certificate(s) Provided: Certificate included    Certificate Number:

SCOPE OF SALE

Seller shall deliver to Buyer, and Buyer shall accept, the described goods in accordance with the terms herein. Seller will (a) provide the goods free of any undisclosed liens or encumbrances; (b) deliver the goods as described; and (c) provide any stated appraisal or certification.

PAYMENT TERMS

Total Purchase Price: $. Title to the goods shall pass to Buyer upon Seller's receipt of full payment, except as otherwise provided herein.

Deposit Due By: . Remaining Balance Due: $ due by .

Credit Card    Wire Transfer    Certified Check    Cash

Late Payment: Any past-due balance shall incur a late fee of per month compounded monthly, in addition to any collection costs and attorneys' fees reasonably incurred by Seller.

DELIVERY, INSPECTION & ACCEPTANCE

Delivery Method:

Estimated Delivery Date: . Risk of loss shall pass to Buyer upon delivery to the carrier or upon in-person transfer if picked up by Buyer.

If Buyer notifies Seller in writing of non-conformity within the inspection period, Seller shall at its option repair, replace or refund the purchase price for the non-conforming goods. Buyer’s remedies are limited to repair, replacement or refund as specified herein except in cases of fraudulent misrepresentation by Seller.

WARRANTIES & REPRESENTATIONS

Seller represents and warrants that, to Seller's knowledge, the goods conform to the specifications set forth in this Agreement and are free from undisclosed liens. Except as expressly set forth in this Agreement, Seller disclaims all other warranties, express or implied, including any implied warranty of merchantability or fitness for a particular purpose.

Yes    Warranty Period:

TAXES, DUTIES AND FEES

Buyer shall be responsible for all sales, use, value-added, customs duties, and other taxes or fees imposed on the purchase or delivery of the goods, except for taxes based on Seller's net income.

TERM AND TERMINATION

This Agreement shall commence on the Agreement Date and shall continue until the parties have performed all obligations or until earlier termination as provided below. Commencement Date: . Anticipated Completion Date:

Either party may terminate this Agreement for material breach by the other party if the breaching party fails to cure such breach within days after receipt of written notice. Termination shall not relieve Buyer of liability for unpaid amounts owed for goods delivered prior to termination.

CONFIDENTIALITY

Each party agrees to keep confidential and not disclose any non-public business, technical or financial information of the other party disclosed in connection with this Agreement, except to the extent such information (a) is or becomes publicly available through no fault of the receiving party, (b) is required to be disclosed by applicable law or legal process, or (c) is rightfully received from a third party without restriction. The obligations of confidentiality shall survive termination or expiration of this Agreement for a period of three (3) years.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of , without regard to its conflict of laws principles. Venue for any dispute arising out of or relating to this Agreement shall be exclusively in the state or federal courts located in that state.

ENTIRE AGREEMENT

This Agreement, together with any attachments or documents expressly incorporated herein, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, proposals, negotiations and communications, whether oral or written. No amendment or waiver of any provision of this Agreement shall be effective unless in writing and signed by both parties.

MISCELLANEOUS PROVISIONS

Assignment: Neither party may assign its rights or delegate its obligations under this Agreement without the prior written consent of the other party, except that Seller may assign to a successor by merger or sale of substantially all of its assets.

Notices: All notices under this Agreement must be in writing and delivered by hand, overnight courier, or certified mail to the addresses set forth above (or such other address as a party may designate in writing).

Sign Now