《Purchase-Aggrement-英文版（整理）》由会员分享，可在线阅读，更多相关《Purchase-Aggrement-英文版（整理）（7页珍藏版）》请在金锄头文库上搜索。
1、学 海 无 涯 AGREEMENT THIS AGREEMENT this Agreement is made as of this day of 200 the Effective Date by and between Purchaser and Seller W I T N E S S E T H WHEREAS Purchaser wishes to purchase from Seller and WHEREAS Seller is willing to sell such to Purchaser NOW THEREFORE in consideration of the cove
2、nants conditions and payments hereinafter set forth the receipt and sufficiency of which are hereby acknowledged the parties hereto agree as follows 1 Price Quantity Shipping Instructions and Payment Terms Seller will sell to Purchaser the Goods RFP dated pursuant to the terms of this Agreement and
3、the price payment delivery and other terms set forth in the Appendix attached hereto and made a part hereof the Appendix The Goods will be shipped in accordance with the details specified in the Appendix Nothing contained in this Agreement shall be construed as a commitment by Purchaser to purchase
4、any Goods or minimum quantity thereof from Seller 2 Term The term of this Agreement shall begin on the Effective Date and shall end on the Term unless earlier terminated in accordance with this Agreement 3 Title and Risk of Loss Title to and risk of loss of all Goods furnished hereunder shall remain
5、 with Seller until receipt inspection and acceptance of the Goods by Purchaser Seller warrants that it has clear title to the Goods and that there is no outstanding hostile claim against or security interest in the Goods held by a third party 4 Non Disclosure All information including but not limite
6、d to financial statements product information manufacturing capabilities passwords documents data and business records which is disclosed to Purchaser by Seller or which Purchaser observes or comes into contact with during the Term of this Agreement whether generated by Seller or contractor of Selle
7、r shall be deemed Confidential Information and the sole and exclusive property of Seller Purchaser shall take all reasonable measures to maintain the confidentiality of said Confidential Information by its employees agents representatives and couriers Purchaser shall not use the Confidential Informa
8、tion for any purposes other than to perform its obligations hereunder and shall not disclose any Confidential Information to any third party without the prior written consent of Seller Purchaser acknowledges that all right title and interest in and to said Confidential Information including the righ
9、t to produce extract or exhibit said Confidential Information to any third party and any intellectual property rights relating to said Confidential Information exist in Seller only Purchaser shall return such Confidential Information promptly upon the expiration or termination of this Agreement 5 Wa
10、rranties Notwithstanding any limitations to the contrary in Seller s invoice and or sales documentation Seller expressly warrants that a all Goods will conform to the purchaser requirements and any other applicable plans drawings specifications or samples furnished by Purchaser or furnished by Selle
11、r and approved and 学 海 无 涯 accepted by Purchaser it being understood that such plans drawings specifications or samples are incorporated by reference and made a part hereof b all Goods will be of merchantable quality fit and sufficient for the purpose ordered and communicated to Seller and will be f
12、ree from latent or patent defects in material and workmanship c all services will be performed in a workmanlike efficient and safe manner and will conform to standards generally accepted in the trade or industry involved d all Goods are and will be free from any security interest lien or encumbrance
13、 6 Remedies a If any of the Goods are found within the warranty period provided in the Appendix to be defective in material or workmanship or otherwise not in conformity with the requirements of this Agreement Purchaser in addition to any other rights which it may have under warranties or otherwise
14、shall have the right at its option i to revoke acceptance reject and return such Goods at Seller s expense in which event conforming Goods shall be provided by Seller at its cost within ten days of such revocation and such replacement Goods shall carry a warranty equivalent to that set forth in the
15、Appendix running from the date of Purchaser s receipt of such replacement Goods or ii notify Seller of noncompliance defects or deficiencies in the Goods which Seller shall repair and or correct at Seller s expense within ten days of such notice and such repairs shall carry a warranty equivalent to
16、that set forth in the Appendix running from the date of Purchaser s acceptance of such repaired Goods or iii upon notice to Seller to take such actions as may be required to cure all defects and or bring the Goods into conformity with all the requirements of this Agreement in which event all costs and expenses thereby incurred by Purchaser shall be for Seller s account Efforts by Purchaser to correct defects or deficiencies shall not preclude Purchaser from revoking acceptance and rejecting the
