Sales Checklist

SALES CHECKLIST AND SALES AGREEMENT

Parties and Effective Date

Seller Name:     Buyer Name:

Effective Date:

Recitals (WHEREAS)

WHEREAS, Seller is engaged in the business of selling the goods and services described in this Agreement and has represented that Seller has the authority and capacity to sell such goods and provide such services to Buyer; and

WHEREAS, Buyer desires to purchase the goods and services listed in the Sales Checklist attached below, subject to the terms, conditions and payment requirements set forth in this Agreement; and

NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the adequacy of which is acknowledged, the parties agree as follows.

Scope of Work

Sales Checklist

Use the following checklist to confirm pre-sale, sale and post-sale items. Check each applicable item and complete required fields.

Product specifications confirmed with Buyer

Final pricing confirmed and accepted

Credit / Payment screening completed

Inventory availability verified

Product Name:     SKU:

Quantity:     Unit Price: $     Serial Numbers / Lot:

Delivery scheduled     Delivery Date:

Installation required     Installation Complete:

Product demonstration completed     Customer Acceptance Signed:

Sales invoice     Quotation / statement of work     Warranty / maintenance agreement

Other documents:

Payment Terms

Total Purchase Price: $

Deposit Amount: $     Balance Due Date:

Late Payment Fee:

In the event of late payment, Buyer shall be responsible for the late payment fee set forth above and for all reasonable collection costs, including attorneys' fees, incurred by Seller in enforcing payment. Taxes applicable to the sale are the responsibility of Buyer unless otherwise indicated in writing.

Term and Termination

Contract Start Date:     Contract End Date:

Either party may terminate this Agreement for convenience upon written notice to the other party at least days prior to the intended termination date. Either party may terminate immediately for cause if the other party materially breaches this Agreement and fails to cure such breach within fourteen (14) days after written notice.

Confidentiality

Each party acknowledges that during the course of performance under this Agreement it may receive Confidential Information of the other party. Confidential Information shall mean non-public business, technical or financial information marked confidential or that by its nature ought reasonably to be treated as confidential. Each party agrees to (a) use Confidential Information solely for performance under this Agreement; (b) restrict disclosure to employees, affiliates or agents who have a need to know and who are bound to confidentiality obligations at least as protective as those herein; and (c) take reasonable measures to protect such Confidential Information. Confidentiality obligations shall survive termination for a period of 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. The parties consent to the exclusive jurisdiction of the state and federal courts located in that State for resolution of disputes arising under this Agreement.

Entire Agreement

This Agreement, including the Scope of Work, Sales Checklist items, and any documents expressly incorporated herein, constitutes the entire agreement between the parties with respect to the subject matter and supersedes all prior and contemporaneous proposals, negotiations, representations and agreements, whether written or oral. No amendment to this Agreement is effective unless in writing and signed by both parties.

Representations and Certifications

Each party represents and warrants that it has the full power and authority to enter into this Agreement and to perform its obligations hereunder. The signatory for each party certifies that they are authorized to bind the respective party to the terms of this Agreement.

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