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This Sale Agreement is drafted for long term regular supply of goods. The Buyer will use the goods for its own use or resell them under its own brand. This is drafted in Neutral form.
Subject to the terms and conditions of this Agreement, the Seller shall sell and the Buyer shall purchase such quantities of the Products as may be ordered by the Buyer from time to time.
The Seller may from time to time make such improvements to the Products as it considers necessary to enable the Products to remain competitive and will make Products embodying such improvements available to the Buyer hereunder.
The Seller will apply such labels or other identification codes to the Products as are reasonably requested from time to time by the Buyer. There shall be no charge for the initial labelling of the Products in accordance with the Buyer's specifications but the Buyer shall reimburse the Seller for the costs of any subsequent changes as requested by the Buyer. All Products will be packaged in accordance with the Seller's standard specifications for international shipments with such modifications as are agreed by the parties. The parties will agree on appropriate labelling for packaging to be used by the Seller.
The Seller will make available to the Buyer a copy of all principal written materials which are used by the Seller in the sale or marketing of the Products. In no event shall the Buyer be entitled to use the Seller's name in the marketing of the Products.
Whilst the Seller agrees to take all such steps as may be reasonably required to fulfil its obligations under this agreement in the normal course, the Seller shall not be obliged to give the Buyer any priority over any other Buyer of the Seller with regard to the supply or delivery of the Products.
The Seller shall use all reasonable endeavours to deliver each of the Buyer's orders for the Products on the date specified in the purchase order, but the time of delivery shall not be of the essence and if despite those endeavours, the Seller is unable for any reason to fulfil any delivery of the Products on the specified date, the Seller shall not be deemed to be in breach of this Agreement or have any liability to the Buyer unless and until the Buyer has given X days written notice to the Seller requiring the delivery to be made and the Seller has not fulfilled the delivery within that period.
Any claim by the Buyer for any shortages in any shipment must be reported to the Seller within thirty (30) days of receipt of said shipment by the Buyer. If no shortage is reported within such period, it shall be conclusively deemed that the Buyer received that quantity of Products shown on the Seller's shipping documentation.
This document should be carefully read by the agreement parties.
The sale agreement may be used between the seller and buyer, to detail the terms and conditions of the sales contract / sales agreement.
Both parties should sign and return a copy, and once signed, both parties should get a copy. To avoid any future disputes, both parties may wish to have their signatures witnessed.
If either party wishes to amend the agreement in the future, both parties should agree to do so, and the original agreement and amendments should be recorded in writing and signed by both parties.