Purchase Order (Product)
Purchase Order Number:
Date:
Parties
This Purchase Order (the “Order”) is entered as of (the “Effective Date”) by and between the following parties (together referred to as “Parties”):
Vendor: NexaCloud Ltd., whose registered office is located at 13 Mellisa Spurs, East Sean, KT6 5DX (“Vendor”); and
Buyer: Buyer, whose registered office is located at (“Buyer”)
Definitions
Unless otherwise expressly defined herein, the definitions agreed in the attached thereto dated shall apply to this Order. In the event of conflict, the definitions provided herein shall prevail over any other document.
Product Description
The descriptions of products are provided as follows:
Items | Reference and Description | Units | Unit Price | Tax | Total Price |
---|---|---|---|---|---|
1 | % | ||||
2 | % | ||||
3 | % | ||||
Total Before Tax | … | ||||
Total After Tax | … |
Payment Terms
Buyer shall pay the Purchase Price in cleared funds at the time of payment as stated in this Order. Payment shall be made according to the instructions supplied in writing by NexaCloud Ltd. to the account notified by NexaCloud Ltd. in writing.
10% of the Purchase price in the amount of shall be paid in advance within business days following the execution of this Purchase Order;
50% of the Purchase Price in the amount of shall be paid in advance within business days following the execution of this Purchase Order;
30% of the Purchase Price in the amount of shall be paid within business days; and
10% of the Purchase Price in the amount of shall be paid within business days following the completion of the Acceptance Act.
NexaCloud Ltd. shall be entitled to refuse shipment of the Equipment if the Buyer fails to pay the Purchase Price in advance. The Purchase Price is non-refundable.
Delivery Terms
Delivery Schedule
The Equipment shall be delivered according to the following schedule:
Batch | Delivery Date | Products Included | Quantity | Delivery Location | Special Instructions |
---|---|---|---|---|---|
Batch 1 | [e.g., Fragile, requires cold storage] | ||||
Batch 2 | [e.g., Deliver between 9 AM - 12 PM] | ||||
Batch 3 | [e.g., Include updated shipping documents] | ||||
Batch 4 | [e.g., Delivery confirmation required] |
Inspection and Acceptance.
Buyer may perform outgoing inspection and acceptance tests on the Products at NexaCloud Ltd.’s facilities and/or receive inspection and acceptance tests at a specified in the Purchase Order with the following rights and obligations:
Perform inspection and acceptance tests.
Designate a representative(s) to perform inspection and acceptance tests.
Request NexaCloud Ltd. to perform outgoing inspection and acceptance tests.
These actions will be subject to the following conditions:
Buyer shall provide prior notice to NexaCloud Ltd. before initiating any inspection
NexaCloud Ltd. must provide consent for inspections or tests performed by representatives or on subsequent lots.
All inspections and acceptance tests performed under this section shall comply with the mutually agreed-upon standards and procedures as specified in or any equivalent annex to the Purchase Order.
Remedies for Breach of Payment Obligations
Without prejudice and in addition to NexaCloud Ltd.’s other remedies prescribed under this Purchase Order, Terms and Conditions, or applicable Law, if Buyer breaches (whether in whole or in part) its obligation to timely fulfill its obligations under Clause “Payment Terms,” NexaCloud Ltd. shall be entitled, at its sole discretion, to:
Adjust the Purchase Order: Deliver only part of the equivalent to the amount paid (if any) by Buyer in accordance with the Payment Terms; or
Deliver in Full: Deliver the in full to Buyer and request payment of the full Purchase Price, and for this purpose, exercise any injunctive relief, specific performance, or any other claim or remedy available under applicable Laws; or
Terminate the Purchase Order: Terminate this Purchase Order without any liability or obligation to deliver any beyond what is covered by any payment already made by Buyer to NexaCloud Ltd. hereunder. In such a case, any portion of the Purchase Price already paid shall be non-refundable to Buyer.
In the event of Buyer’s breach (whether in whole or in part) of its obligation to timely fulfill its obligations under Clause “Payment Terms,” Buyer shall immediately pay to NexaCloud Ltd. a penalty of [0.3% or agreed percentage] of the delayed payment for each day of delay.
Warranty
NexaCloud Ltd. warrants to Buyer that the , is free from defects in workmanship and materials, and that under normal use and conditions, it will operate substantially in accordance with, and perform the material functions and features set out in the product description in the Order, for a period of following delivery. Repair and replacement terms are defined under the relevant .
Terms and Conditions
The terms and conditions of the attached thereto dated shall apply to this Order.
Expiry of Offer
This Purchase Order shall remain valid for a period of three days from the date of issuance, and all Terms and Conditions shall expire unless this Purchase Order is fully executed by both parties before three days have passed since the date of issuance.