Sales New Business Packet

SALES NEW BUSINESS PACKET

Parties

Seller Name:    Seller Contact:

Buyer Name:    Buyer Contact:

Entity & Tax Information

Seller Entity Type: Individual Corporation LLC Partnership Other

Buyer Entity Type: Individual Corporation LLC Partnership Other

Order Summary and Terms

Purchase Order No.:    Effective Date:

Sales Representative:    Credit Terms (Net): days

Payment Methods Accepted: ACH Wire Credit Card Check Purchase Order Required

Late Payment Penalty:

Products / Services

Delivery and Risk of Loss

Requested Delivery Date:    Shipping Method:

Delivery Location:

Risk of loss transfers to Buyer upon unless otherwise agreed in writing.

Warranty

Seller warrants to Buyer that products sold hereunder shall be free from material defects in material and workmanship for a period of from date of delivery. This warranty does not apply to damage resulting from misuse, alteration, improper installation, or normal wear and tear. Buyer's exclusive remedy and Seller's sole obligation under this warranty shall be repair or replacement of defective items at Seller's option. Any return for warranty must be authorized in writing by Seller and returned freight prepaid unless otherwise agreed.

Returns, Cancellations & Refunds

Returns must be approved in writing within of delivery. Unauthorized returns may be refused. Approved returns may be subject to a restocking fee of . Custom or special-order items are non-cancellable and non-returnable unless otherwise agreed in writing.

Limitation of Liability

EXCEPT FOR THE EXPRESS WARRANTY ABOVE, SELLER DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL SELLER BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES, INCLUDING LOST PROFITS, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SELLER’S AGGREGATE LIABILITY FOR ANY CLAIM ARISING UNDER OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID BY BUYER FOR THE PRODUCTS GIVING RISE TO THE CLAIM.

Taxes & Regulatory

Prices exclude applicable sales, use, excise or other taxes. Buyer is responsible for all taxes, duties or assessments imposed by any governmental authority, unless Buyer provides a valid exemption certificate prior to shipment. Tax Exempt: If checked, Tax Exemption / Resale Certificate No.:

Confidentiality

Each party shall maintain in confidence all non-public information disclosed by the other party that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Confidential information does not include information that is or becomes publicly available other than through a breach of this provision, that is independently developed by the receiving party, or that is rightfully received from a third party without confidentiality obligations.

Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to principles of conflicts of law. Any dispute arising out of or relating to this Agreement shall be resolved in the state or federal courts located within that state, and the parties submit to the exclusive jurisdiction of those courts.

Order Acceptance / Certification

By signing below, Buyer certifies that the information provided in this Sales New Business Packet is true and correct, that Buyer is authorized to place orders under the identified entity, and that Buyer agrees to the terms and conditions set forth herein. Seller's acceptance of any Purchase Order is expressly conditioned upon Buyer's assent to these terms. Any additional or different terms proposed by Buyer are rejected unless expressly agreed in a written amendment signed by Seller.

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