Free Equipment Purchase Agreement Template

EQUIPMENT PURCHASE AGREEMENT

This Agreement is made on [DATE] between [SELLER LEGAL NAME], [ADDRESS] ("Seller"), and [BUYER LEGAL NAME], [ADDRESS] ("Buyer").

1. EQUIPMENT. Seller will sell to Buyer the equipment described in Schedule A, including model numbers, serial numbers, included accessories, software and documentation ("Equipment"), meeting the specifications in Schedule A. The Equipment is [new / used / refurbished].

2. PRICE. The total price is $[AMOUNT], including [delivery / installation / training], excluding sales tax. Payment: [PERCENT]% deposit on signing; [PERCENT]% on delivery; [PERCENT]% on acceptance. Invoices are due within [30] days.

3. DELIVERY AND INSTALLATION. Seller will deliver the Equipment to [LOCATION] by [DATE] [and install it by [DATE]], at Seller's cost and risk. If delivery is more than [NUMBER] days late, Buyer may cancel and receive a full refund of amounts paid, or receive a price reduction of [PERCENT]% per week of delay, up to [PERCENT]%.

4. ACCEPTANCE TESTING. Within [10] business days after installation, Buyer may test the Equipment against the specifications and the acceptance criteria in Schedule A. Seller will correct any failures and retest. If the Equipment fails acceptance after [two] correction attempts, Buyer may reject it, and Seller will remove it at its cost and refund all amounts paid.

5. TITLE AND RISK. Title passes to Buyer on [payment in full / delivery]. Risk of loss passes to Buyer on [acceptance / delivery]. Seller warrants that it has good title and the Equipment is free of liens.

6. WARRANTY. Seller warrants that for [12] months after acceptance the Equipment will be free from defects in materials and workmanship and will perform to the specifications. Seller will repair or replace defective parts at no charge, including labour and shipping, with a response time of [NUMBER] business days. Seller passes through all manufacturer warranties. [For used equipment: DESCRIBE any condition warranty, or state the Equipment is sold as is.]

7. TRAINING AND DOCUMENTATION. Seller will provide [NUMBER] hours of operator training and all manuals and safety documentation.

8. SOFTWARE [IF ANY]. Software included with the Equipment is licensed to Buyer for use with the Equipment on the terms in Schedule B, which will not require ongoing fees except [DESCRIBE].

9. COMPLIANCE AND SAFETY. Seller warrants that the Equipment complies with applicable safety standards and laws for its intended use.

10. SPARE PARTS. Seller will make spare parts available for at least [5] years after delivery at reasonable prices.

11. LIABILITY. Except for Seller's warranty, indemnity for injury or property damage caused by defective Equipment, and gross negligence, neither party is liable for indirect or consequential damages, and each party's liability is limited to the purchase price.

12. GOVERNING LAW. This Agreement is governed by the laws of [STATE], including Article 2 of its Uniform Commercial Code.

GENERAL PROVISIONS
(a) Notices. Notices must be in writing and sent to the addresses or emails above (or as later updated by notice). Email notice is effective when sent, unless the sender receives a delivery failure message.
(b) Entire agreement. This agreement, with any schedules and exhibits, is the entire agreement between the parties on its subject and replaces all prior discussions and agreements on that subject.
(c) Amendments and waivers. Changes must be in writing and signed by both parties. A failure or delay in enforcing any term is not a waiver of it.
(d) Severability. If any provision is found unenforceable, it will be limited to the minimum extent necessary and the rest of this agreement will remain in effect.
(e) Assignment. Neither party may assign this agreement without the other party's written consent, except to a successor in a merger or sale of substantially all of its business, on notice.
(f) Relationship. Nothing in this agreement creates a partnership, joint venture or agency relationship unless expressly stated.
(g) Counterparts and electronic signatures. This agreement may be signed in counterparts and by electronic signature, each of which is an original and together form one agreement.
(h) Independent advice. Each party has had the opportunity to review this agreement with its own legal counsel and signs it voluntarily.

SELLER: ______________________  Date: __________
BUYER: _______________________  Name/Title: ______________  Date: __________

SCHEDULE A: Equipment description, specifications and acceptance criteria
SCHEDULE B: Software licence terms (if any)

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This free template is provided by ClauseAudit for general informational purposes and is not legal advice. Have it reviewed before use. Replace all [BRACKETED] placeholders.