Legal notice

PURCHASE AGREEMENT

 

KNOW ALL MEN BY THESE PRESENTS:

            This agreement entered into this __ day of _____, ____ in the City of Cebu, by and between:

            JETMARQ DIGITAL MEDIA CORP., (hereinafter “SELLER” for brevity), a corporation duly organized and existing in accordance with the law of the Philippines and with principal office at 918mm Bldg. 3716 Central Nautical Highway, North Road, Yati, Liloan, Cebu, herein represented by MR. JORDAN LACBAYEN CHING SALERA – Servant Marketer / Technical Manager.

                                                                         -and-

(Customer Name), (hereinafter “BUYER” for brevity), a representative of ___________, a duly registered establishment located at _______________________________, Philippines with Tax Identification No. ______________________.

 

1.      That SELLER offered to sell to the BUYER of;          (Unit Ordered)             amounting to Php (Amount);

 

2.      That the BUYER had accepted the said offer of the SELLER;

 

3.      That the SELLER undertakes to deliver and to install the proposed printing solution in (Address), Philippines.

 

4.      That the BUYER commits itself to pay the SELLER the sum of (Amount) as Downpayment. The balance of (Amount) shall be paid upon completion of the deliverables. All other necessary consumables & expenditures shall be shouldered by the Buyer. Delivery & Tech Transportation Expenses shall be shouldered by the Buyer.

 

5.      That the Delivery of the subject printing solution shall be on (Date). Inclusions:____________________________________________________________________________________________________________________________________. That upon the Delivery, the SELLER shall issue a Company Delivery Receipt and Technical Service Report, both of which shall be duly acknowledged by representatives of the BUYER. The said Delivery Receipt and Technical Service Report shall form part of this Agreement and shall serve as proof of delivery by the SELLER and the corresponding acceptance by the BUYER.

 

6.      That BUYER allows the SELLER to conduct regular and random inspection of the subject printer free of charge, provided that SELLER would inform BUYER of the desired inspection one (1) day prior the date of inspection requested;

 

7.      This agreement shall be treated as a general supply agreement where the SELLER agrees and covenants to supply the BUYER all the supplies/services required by the subject unit, as BUYER may order, and such parts and/or services that it may require subsequent to the delivery and beyond the warranty period of Six (6) Months limited warranty for the machine only (heating tubes and other moving parts are not included in the warranty).

 

8.      For the purpose, the BUYER shall issue the corresponding Purchase Order for parts, materials or services that are no longer covered by the warranty;

 

9.      The BUYER promises not to use any third party inks other than those being supplied by the SELLER in order to maintain the subject printer in top/good conditions. Use of third party inks will void printer’s warranty;

 

10.   That the SELLER shall have the right to withhold warranty coverage service to the BUYER should he latter refuses to sign the Customer Acceptance Certificate or to delay the signing of the said certificates for any unjustifiable reason;

 

11.  That the BUYER agrees that SELLER may deem the warranty coverage terminated even prior to its expiration, should the BUYER fail to buy regularly necessary parts and consumables intended for the operation of the machine/s, thus, the parts and services warranty shall no longer be honored by the SELLER even after he BUYER updates its accounts with the SELLER;

 

12.   Further, the BUYER gives the SELLER the right to unilaterally terminate the warranty agreement in case of force majeure, fire, flood, typhoons and other natural disasters. For this purpose, the BUYER is expected to exercise diligence of a good father of a family in keeping the subject machine away from damage or disaster, such as ensuring that the elected installation site is flood water and fire free. Also, and Human error due to negligence and mishandling will make the warranty null and void. The Seller shall require the Buyer to acquire an insurance plan for the subject printer to ensure the security of both parties until fully paid;

 

13.  The parties shall warrant that they shall strictly comply with the terms and conditions of any purchase order that the BUYER subsequently issue and which the SELLER will correspondingly accept;

 

14.  The SELLER specifically warrants that it has the capability to meet the demand of the BUYER for the supplies, parts and services required by the subject unit;

 

15.  The SELLERS warrants that it has trained engineers to support the printer during the warranty period and its economic life;

 

16.  That any cost of delivery and/or shipping of consumable outside Metro Cebu will be covered by the BUYER. Moreover, any services conducted outside Metro Cebu are exclusive of travel and accommodation expenses and shall be arranged by the BUYER;

 

17.  That the workstation included in the package (if any), which includes both hardware and software, is the responsibility of the BUYER and is not covered by warranty;

 

18.  That anything constitutes a scope change or results in a scope change, the SELLER shall have the right to adjust its pricing or fees estimates reflecting such changes. The SELLER shall ­­­­­obtain the BUYER’s prior approval before such additional services and/or new pricing for its products are performed and/or applied by the SELLER. This must then be documented and signed by both parties. Additional scope will be estimated and billed accordingly;

 

19.  That if any provision of this Agreement is held invalid or declared to be contrary to law, the validity of other conditions or provisions shall not be affected;

 

20.  That the parties mutually agreed that any suits arising out of this Agreement shall be filed proper courts of Cebu in cities and in province, Philippines.

 

 

 

 

 

 

 

 

 

 

 

IN WITNESS WHEREOF, we have hereunto affixed our signature on this _____th day of _________, 202__ in Cebu, Philippines.

 

 

JORDAN LACBAYEN SALERA

JETMARQ DIGITAL MEDIA CORP.

 

 

 

 

(NAME OF CLIENT)

(Address)

                                    Signed in the presence of:

 

 

____________________________               ___________________________

                                               

      A C K N O W L E D G M E N T

Republic of the Philippines)

            BEFORE ME, this ________ day of ______________ at ___________________________  personally appeared the above-mentioned names, known to me and to me known to be the same persons who executed the foregoing instrument and acknowledged before me that the same is their free and voluntary act and deed.

            This instrument is consists of four (4) pages, including the page whereon this Notarial Acknowledgment is written, has been signed on the left margin of each page and every page thereof by the parties and their instrumental witness and sealed with my notarial seal.

            WITNESS MY HAND AND SEAL.

Doc No. _____________                                                                         

Page No.  ____________    

Book No. ____________     

Series of 2026.