THIS AGREEMENT TO SELL
(the "Agreement") is made at__________ on _______ day of _________ by and
BETWEEN
___________________________________________________________________, (hereinafter referred to as the “Institution” which expression shall where the context so permits mean and include its successors in interest and assigns) of the one part.
AND
___________________________________________________ (hereinafter referred to as the “Customer”) which expression shall where the context so permits mean and include its successors in interest and assigns) of the other part.
Whereas:
1. The Institution is acquiring the goods described in the Appendix 1 (“Goods”) from the Manufacturer/ Supplier namely _________________________________________ (“Manufacturer/Supplier”); and
2. The Customer has requested vide written request dated .................. to purchase the Goods from the Institution on the terms and condition contained hereinafter..
NOW THEREFORE THIS AGREEMENT WITNESSETH:
1. That the Institution agrees to sell and the Customer agrees to purchase the Goods from the Institution at the price of Rs. _____________________.
2. That the Customer shall pay the price of the Goods in advance to the Institution upon receipt of a notice from the Institution confirming that the Goods are ready for delivery to the Customer.
3. The Customer shall satisfy itself as to the quality and quantity of the Goods at the time of delivery and shall issue a Delivery Receipt in the form of Appendix 2 hereto.
4. Upon payment of the price, all rights and claims of the Institution against the Manufacturer/Supplier on account of warranties pertaining to the Goods shall stand assigned to the Customer. In case of any defect in the Goods, the Customer shall only have a claim against the Manufacturer/Supplier to the complete exclusion of the Institution.
IN WITNESS WHEREOF, the Parties to this Agreement have caused this Agreement to be duly executed on the date and year first aforementioned.
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WITNESSES: |
For and on behalf of [insert name of the Institution] |
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2. |
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For and on behalf of Customer |
1. |
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2. |
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