This Purchase Agreement (the “Agreement”) is made and entered into as of this ____ day of ___________, 20___ (the “Effective Date”), by and between ___________________ (the “Buyer”) and ___________________ (the “Seller”).
WHEREAS, the Buyer desires to purchase, and the Seller desires to sell, the following item (the “Item”):
Mountain Bike, Red, Item Number 210
NOW, THEREFORE, in consideration of the mutual promises and covenants set forth herein, the parties agree as follows:
1. Purchase. The Buyer agrees to purchase the Item from the Seller for the purchase price of ___________ (the “Purchase Price”). The Purchase Price shall be paid in full on or before the Effective Date.
2. Delivery. The Seller agrees to deliver the Item to the Buyer on or before the Effective Date. The Seller shall be responsible for all costs associated with the delivery of the Item, including any applicable taxes.
3. Specifications. The Item shall have the following estimated weight and volume: ___________.
4. Warranty. The Seller warrants that the Item shall be free from defects in material and workmanship for a period of ___________ from the date of delivery.
5. Limitation of Liability. The Seller shall not be liable for any damages, losses, or liabilities arising out of the Item’s use, other than those expressly provided for in this Agreement.
6. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the ___________.
7. Severability. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
8. Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreements, representations, and understandings between the parties.
9. Modification. This Agreement may not be modified or amended except in a writing signed by both parties.
10. Waiver. No waiver of any provision of this Agreement shall be deemed or shall constitute a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first set forth above.