SALES AGREEMENT
This Sales Agreement (this “Agreement”) is entered into as of the _ __ day of _ ____
20 _, by and between Neoqi USA/Get Euro-Fit LLC located at 20821 Eva St. suite 162, Montgomery, Texas 77356 (Seller) and ________________________________________________________
located at _________________________________________________________(Buyer)
Each Sellar and Buyer may be referred to in this Agreement individually as a “Party”
and collectively as the “Parties”.
WHEREAS, Seller owns certain Goods, as defined below, and Seller desires to sell such Goods
Under the terms and conditions set forth in this Agreement; and
WHEREAS, Buyer desires to purchase the Goods offered for sale by the Seller under the terms
And conditions set forth in this Agreement.
NOW THEREFORE, in consideration of the mutual promises and for other good and valuable
Consideration exchanged by the Parties as set forth in this Agreement, the Parties, intending to be legally bound, hereby mutually agrees as follows:
1. Sale of Goods. Seller agrees to sell, transport and deliver to Buyer, and Buyer agrees to
Purchase the following item(s) in the following quantities and at the price(s) (the “Goods”)
2. Purchase Price. Buyer will pay to Seller for the Goods and for all obligations specified in this
Agreement, if any, as the full and complete purchase price, the sum of
Unless otherwise stated.
3. Payment. Seller shall invoice Buyer upon agreement of this Sales Agreement. Unless otherwise stated, payment for the Goods is due within 5 days of the date of the Seller’s invoice. If Buyer wants to cancel the purchase after 20 days then the Buyer will be charged a 20% restocking fee
4. Delivery. Seller shall deliver and install the Goods to Buyer
5. Risk of Loss. Title to and risk of the Goods shall pass to Buyer upon the shipment of the Goods.
6. Right of Inspection. Buyer shall be allowed to examine the Goods once received and shall do so immediately upon receipt of the Goods. In the event that Buyer discovers any damages, shortages or other nonconformance of the Goods. Buyer shall notify Seller immediately after receipt of the Goods, specifying the basis for its claim. Failure to notify Seller by such time shall constitute an acceptance of delivery of the Goods as is.
7. Warranties. Seller warranties the Goods for 1 year for materials and 90 days for parts and labor.
8. Force Majeure. Seller shall not be responsible for any claims or damages resulting from any delays in performance or for non-performance due to unforeseen circumstances or causes beyond Seller’s reasonable control.
9. Limitation of Liability. Seller will not be liable for any indirect, special, consequential, or punitive damages (including lost profits) arising out of or relating to this Agreement or the transactions it contemplates (whether for breach of contract, tort, negligence, or other form of action) and irrespective of whether Seller has been advised of the possibility of any such damage. In no event will Seller’s liability exceed the price paid by Buyer to Seller for the Goods giving rise to the claim or cause of action.
10. Assignment. Neither Party may not assign any of its rights under this Agreement or delegate any performance under this Agreement, except with the prior written consent of the other Party. Any purported assignment of rights or delegation of performance in violation of this section is void.
11. Amendments. No amendments to this Agreement will be effective unless it is in writing and signed by both Parties.
12. Governing Law. The terms of this Agreement shall be governed by and construed in accordance with the laws of the State of Texas, not including its conflicts of the law provisions.
13. Disputes. Any dispute arising from this Agreement shall be resolved in the courts of the State of Texas.
14. Entire Agreement. This Agreement contains the entire understanding between the Parties and supersedes and cancels all prior agreements of the Parties, whether oral or written, with respect to such subject matter.
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