White Swirl

Code: Select all

AUDIO EQUIPMENT PURCHASE AGREEMENT

AUDIO EQUIPMENT PURCHASE AGREEMENT (this “Agreement”), dated [date], by and between [Buyer name], residing at [buyer address] ("Buyer") and [Seller name], residing at [fill in address] ("Seller"). 

Recitals

Buyer wishes to purchase from Seller, and Seller wishes to sell to Buyer:

ß [mics, etc]  
ß [if it includes mics, define as the “Microphones”]

(together, the “Equipment”)

Agreement

1. Purchase and Sale.  Subject to the terms and conditions of this Agreement, Seller agrees to sell, assign, and convey the Equipment, and Buyer agrees to accept delivery of the Equipment, at a purchase price equal to [price in words] United States Dollars ($[price]) (the “Purchase Price”).  

2. Delivery.  Upon the execution of this Agreement, Buyer shall deliver the Purchase Price, via wire transfer or PayPal transfer of immediately available funds, to Seller.  Upon receipt of the Purchase Price, Seller agrees to deliver the Equipment to Buyer via U.S. Mail, UPS, Federal Express, or another parcel carrier to be approved by the parties.  Seller assumes all responsibility for the safe delivery of the Equipment, including without limitation any insurance or delivery confirmation charges.  Seller agrees to deposit the Equipment with one of the above-named parcel carriers no later than two (2) business days from the date of receipt of the Purchase Price.

3. Fees and Expenses.  Seller shall bear all costs of delivery.  Buyer shall bear all costs incurred as a result of the use of PayPal or any other electronic payment system. 

4. Representations and Warranties.  Seller represents and warrants that:

a. Seller has good and valid title to the Equipment and has all necessary authority to sell, assign and convey the Equipment to Buyer.
b. Seller acquired the Microphones from [     ], and the Microphones have had no owners other than Seller subsequent to such purchase. [revise as necessary] 
c. The Microphones are in excellent cosmetic condition, free of scratches and other obvious signs of wear and tear.   
d. [include any other specific details that are important to you - e.g., identity of previous owners, condition of the various items, etc.] 
e. The Microphones function in a manner substantially similar to [brand/make/model] microphones purchased new from their manufacturer and are capable in their present condition of capturing musical performances and other sounds according to their original specifications.  The Microphones have not been damaged or repaired since the date they were acquired by Seller.  
f. The Equipment other than the Microphones is in working condition, though such Equipment may contain cosmetic wear and tear. [revise as appropriate]

5. Review Period. Seller will provide five (5) business days from the date of receipt of the Equipment for the Buyer to verify contents and condition (the “Review Period”).  If the contents and condition of the Equipment are not as represented in Section 4 above, Buyer shall immediately deliver the Equipment to Seller at Buyer’s sole expense, in the same condition in which it was sent.  Within one business day of receipt of the returned Equipment,  and verifying the contents and condition of the returned Equipment,  Seller shall refund the Purchase Price in full, but not shipping and insurance costs.  Buyer shall make no use of the Microphones during the Review Period other than to verify contents and condition.

6. Survival.  The representations and warranties shall survive for a period of [one] year from the date hereof.

7. Counterparts.  This Agreement may be executed in counterparts, all of which together shall constitute one instrument.  This Agreement may be executed electronically and shall be considered validly executed so long as delivered with indication of offer and acceptance among the electronic mail addresses set forth in the notice provision of Section 8.

8. Notice.   All notices and deliveries hereunder shall be made to the following addresses:

If to Buyer:
[name]
[address]
[address] 
[e-mail]
[phone]

If to Seller:
[name]
[address]
[address] 
[e-mail]
[phone]

9. Governing Law.  This Agreement shall be governed by the laws of the State of New York without regard to conflict of laws principles.  

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

BUYER:

________________________ [if electronic signature type “/s/ [Buyer name]”
[Buyer name]

SELLER:

________________________  [if electronic signature type “/s/ [Seller name]”