This master agreement sale of merchandise template has 5 pages and is a MS Word file type listed under our sales & marketing documents.
Sample of our master agreement sale of merchandise template:
MASTER AGREEMENT This Master Agreement (the "Agreement") is effective [DATE], BETWEEN: [YOUR COMPANY NAME] (the "Seller"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] AND: [COMPANY NAME] (the "Buyer"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] WHEREAS from time to time, the Buyer will be placing orders with the Seller for the manufacture and sale of merchandise by the Seller; WHEREAS the parties have agreed that the terms and conditions contained herein shall apply to all orders placed by the Buyer with the Seller; CONSEQUENTLY, the Buyer and the Seller have agreed as follows: 1. SCOPE OF MASTER AGREEMENT All orders placed by the Buyer with the Seller and evidenced by the Seller's form of order confirmation (as the same may be amended from time to time) (hereinafter an "order confirmation"), whether or not same is signed by the Buyer, shall be subject to and governed by the terms and conditions of the present Master Agreement, unless otherwise modified as hereinabove mentioned. 2. DELIVERY AND TENDER (a) The acceptance of a shipment by any carrier customarily used by the public shall constitute a delivery to the Buyer, or, in the absence of shipping instructions; the mailing of the customary invoice shall constitute a delivery. (b) Any delivery made within [NUMBER] days after the date or dates specified for delivery in the order confirmation shall constitute a good delivery, or a tender made within [NUMBER] days after date specified for delivery in the order confirmation shall constitute a good tender. (c) Where deliveries are specified to be made in or during several calendar months, each month's deliveries shall constitute a separate contract, and any instalment of goods or part thereof delivered shall be paid for in accordance with the terms of the confirmation order, regardless of claims by either party relating to any other delivered or undelivered goods. (d) Delivery of any quantity between [PERCENTAGE %] and [PERCENTAGE %] of the quantity ordered shall constitute good and sufficient delivery and the Buyer shall accept and pay for such merchandise pro rata in accordance with other terms of this agreement and the confirmation order. 3. STRIKES AND CASUALTIES Where the Seller is unable to make delivery of any portion of the merchandise covered by this Master Agreement due to a labor dispute, accident, fire, war, government regulations or any cause whatsoever beyond the control of the Seller, the Seller shall not be liable for such inability to make delivery if, within a reasonable time, he notifies the Buyer by prepaid post of the cause of such inability and that the contract for the undelivered portion of the merchandise is cancelled or that he will make delivery of such merchandise at a future date to be named in the notice, and the Buyer may, within [NUMBER] days of the date of mailing of such notice, notify the Seller by prepaid post that he will accept delivery of the merchandise pursuant to the terms of the Seller's notice or cancel the undelivered portion of the contract, but upon the Buyer's failure to so notify the Seller the undelivered portion of the contract shall be cancelled. 4. PAYMENT TERMS The terms of payment in respect of any order made by the Buyer set forth in the order confirmation in respect of such order shall apply to any contract referred to herein. Every reference herein to a "contract" shall be construed as meaning the Buyer's order, as reflected by the said order confirmation. 5. CREDIT The Seller reserves the option to discontinue deliveries to the Buyer or to cancel the whole or the balance or any part of any contract with the Buyer if payment on any shipment be delayed or if amount of credit granted be exceeded or whenever the Seller is dissatisfied with the Buyer's credit standing. Interest at [PERCENTAGE %] per month ([PERCENTAGE %] annually) shall be charged on all overdue accounts. The Seller reserves the right, at its option, even after partial payment on account of any contract with the Buyer, to require from the Buyer, satisfactory security for due performance of its obligations, and the refusal to furnish such satisfactory security or failure of the Buyer to execute any of its obligations under any existing contract will entitle the Seller, upon notice to the Buyer, to suspend shipments or cancel any contract or so much of it as may remain unexecuted, without prejudice to any claim for damages to which the Seller may be entitled. All goods stored and/or processed at the premises of the Seller shall remain the property of the Seller until paid for in full. Notwithstanding any indication by the Buyer to the contrary, the Seller may impute any sums received from the Buyer against such outstanding indebtedness of the Buyer to the Seller, whether liquidated or not, present or future, as the Seller may, in its sole discretion, determine. 6. DEFAULT The following constitute events of default under this Master Agreement: a) failure to pay any amount due to the Seller under any contract or other agreement between the Seller and the Buyer; b) should any of the goods sold to the Buyer and still in the possession of the Seller become subject to any lien, privilege, seizure or attachment; c) any breach by the Buyer of any of the terms of any contract or other agreement between the Seller and the Buyer; d) should the Buyer have recourse or be subject to any federal or provincial statutes respecting bankruptcy, insolvency or winding up. Upon the occurrence of one or several events of default, the Seller shall be entitled, without prejudice to its other rights and recourses under this Master Agreement or otherwise to: a) recover any amount due under any contract or other agreement between the Seller and the Buyer; b) cancel the whole or part of any contract or other agreement between the Seller and the Buyer; c) take possession of the goods wherever they are located, without demand or notice, and without a court order or other process of law. The Buyer agrees that he will not make nor cause to be made any claim for nor will the Seller be liable for any damages that are caused as a result of the Seller taking possession of the goods;
