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E - Lhendler Purchase Agreement
E - Lhendler Purchase Agreement
and between Lisa Hendler, an individual with an address at 123 Main St., Lake Zurich, IL,
60047 (Seller), and Murphys Pets, a company with an address at 540 Arlington Road,
2. WHEREAS, Seller agrees to sell and deliver the goods described below, (Deliverables),
and Buyer hereby accepts such Agreement to purchase and receive Deliverables, upon the
terms and subject to the conditions set forth in this Agreement, and;
3. WHEREAS, each Party is duly authorized and capable of entering into the Agreement.
4. Definitions.
(a) "Deliverables" means the goods Seller provides to Buyer as described in this Agreement.
(b) "Law" means all laws, statutes, ordinances, codes, regulations, and other pronouncements
sell Buyer the following: Poop n Glow, which is sold in a bottle containing twenty-five (25)
capsules (Unit). Poop n Glow is a product created to turn your dogs poop a bright, glow in
the dark, neon green by using a completely safe non-toxic preparation of harmless herbs to
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produce the desired outcome. Poop n Glow makes finding your dogs poop while walking
your dog at night simple, so you can pick it up and dispose of it properly. Poop n Glow
makes following Fido a convenient product that will make you and your neighbors happy!
Feeding Instructions: Feed your dog one (1) capsule per twenty (20) pounds for the brightest
results. Results per unit will vary, based on the dogs weight.
6. Fees. (a) All payments hereunder shall be made in U.S. dollars via wire / electronic transfer
of immediately available funds to an account designated by the Seller within thirty (30) days
of the date of each invoice. (b) Buyer will pay a late fee of five percent (5%) per month or the
highest rate allowed under the law, whichever is lower, on any overdue amounts. Buyer also
agrees to pay Seller all reasonable costs and expenses of collection, including attorneys' fees.
(c) All sales tax, tariffs, and other governmental charges shall be paid by Buyer and are
7. Delivery, Title And Risk Of Loss. (a) Buyer will give Seller fifteen (15) days advance notice
regarding the quantity of Units requested for delivery. Upon receipt of the request of Units to
deliver, Seller will arrange for delivery through a carrier chosen by Seller, the costs of which
shall be forwarded onto buyer by adding delivery costs to the invoice. Any stated delivery
dates are approximate. The Seller will not be liable for any losses, damages, penalties,
or expenses for failure to meet any delivery date. (b) All risk of loss shall
remain with Seller, until Buyer receives Deliverables and then title to and risk of loss of
Deliverables will pass to the Buyer. (c) Buyer has the right to examine the Deliverables upon
receipt and has 5 days in which to notify Seller of any claim for damages based on the
condition of the Deliverables. Such notice must specify in detail the particulars of the claim.
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Failure to provide such notice to Seller within the required time frame constitutes irrevocable
acceptance of Deliverables.
8. Warranties. Seller warrants that the deliverables are new and free from substantive defects
in workmanship and materials. Sellers liability under this warranty is limited to replacement
of Deliverables or refund of the Purchase Price at Sellers sole option. Seller makes no other
(a) Warranty Length. Seller warrants Deliverables for 6 months from delivery date.
ANY LOST PROFITS, LOSS OF DATA, LOSS OF USE, COST OF COVER, BUSINESS
AGREEMENT.
(a) Term. The term of this Agreement (together with any renewals, the "Term")
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begins on the July 7, 2016 and expires 1 year later. The Parties shall mutually agree to
(b) Survival. The following captioned sections survive any termination, expiration or
and "General", as well as any other provisions expressly stating that they are perpetual
bankruptcy is filed against a Party and the petition is not discharged within sixty (60)
days after filing, or upon any assignment for the benefit of a Party's creditors, or upon
Bankruptcy"), then the Party affected by any Event of Bankruptcy must immediately
give notice of the Event of Bankruptcy to the other Party, and the other Party may
(d) Termination for Breach. If either Party commits a material breach or material
Agreement, and such breach or default continues for a period of thirty (30) days after
delivery by the other Party of written notice reasonably detailing such breach or
default, then the non-breaching or non-defaulting Party shall have the right to
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terminate this Agreement, with immediate effect, by giving written notice to the
11. Force Majeure. Any failure or delay by a Party in the performance of its obligations under
this Agreement is not a default or breach of the Agreement or a ground for termination under
this Agreement to the extent the failure or delay is due to elements of nature or acts of God,
acts of war, terrorism, riots, revolutions, or strikes or other factor beyond the reasonable
control of a Party (each, a "Force Majeure Event"). The Party failing or delaying due to a
Force Majeure Event agrees to give notice to the other Party which describes the Force
Majeure Event and includes a good faith estimate as to the impact of the Force Majeure Event
upon its responsibilities under this Agreement, including, but not limited to, any scheduling
changes. However, should any failure to perform or delay in performance due to a Force
Majeure Event last longer than thirty (30) days, or should three (3) Force Majeure Events
apply to the performance of a Party during any calendar year, the Party not subject to the
Force Majeure Event may terminate this Agreement by notice to the Party subject to the Force
Majeure Event.
12. Notice. Any notice required or permitted to be given under this Agreement shall be sufficient
if in writing and if sent by certified or registered mail to the Parties at the following addresses:
Seller: 123 Main St., Lake Zurich, IL, 60047. Buyer: 540 South Rand Road, Wauconda, IL
60084.
13. Headings. The headings contained in these Terms are included solely for convenience of
14. Entire Agreement. This Agreement contains the entire agreement between the Parties with
respect to the subject matter of the Agreement. The Agreement supersedes any prior
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agreements, understandings, or negotiations, whether written or oral. This Agreement can
only be amended through a written document formally executed by the Parties. This
Agreement shall be binding upon the Parties and their respective heirs, executors,
15. Governing Law and Venue. This Agreement shall be interpreted and governed by the laws
of the State of Illinois. Any dispute or other legal action concerning this Agreement shall be
conducted in the Nineteenth Judicial Circuit Court, located at 18 N County St, Waukegan, IL
60085.
16. Attorney Fees. If either Party breaches this Agreement, the non-breaching Party will be
entitled to collect any payment due under this Agreement, including reimbursement of
attorney fees, costs, and related expenses incurred by the breach of this Agreement.
17. Acknowledgements. Each Party acknowledges that they have had an adequate opportunity to
read and understand this Agreement, to consider it, and to consult with attorneys if desired.
IN WITNESS WHEREOF, the Parties execute this Agreement as of July 7, 2016. Each person
who signs this Agreement below represents that such person is fully authorized to sign this
SELLER
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BUYER
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