U N I V E R S I T Y O F



UW-MADISON

PURCHASING SERVICES

EQUIPMENT PURCHASE AGREEMENT

Offer to Sell Number:

Contact:

MDS Acct #:

UDDS #:

Date:

This Agreement between the SELLER:

UW-Madison, Purchasing Services

21 N Park St,. Ste 6101

Madison, WI 53715 1218

and the BUYER:

Name:

Address:

Address:

Phone:

The parties agree as follows:

1. SELLER agrees to sell and BUYER agrees to purchase the equipment listed below according to the Offer to Sell Standard Terms and Conditions and this Equipment Purchase Agreement.

|ITEM NO. |QTY |DESCRIPTION |SERIAL |PRICE |

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2. PURCHASE PRICE:

Payment must be received by (XX working days-actual calendar date) or this agreement will be cancelled, and the material will be offered to another buyer. Please send either a cashier’s or certified check paid to the order of UW-SWAP for the total amount of sale $_________. You must add either 5.5% Wisconsin Sales tax ($_____) [grand total = $_________] or your tax exemption number (see 13.0 standard terms and conditions) to:

Surplus With A Purpose (SWAP)

1061 Thousand Oaks Trail

Verona WI 53593

3. AVAILABILITY OF EQUIPMENT:

SELLER warrants the Equipment will be available for shipment at time of this agreement. If BUYER does not remove equipment by 10 working days after receipt of payment, SELLER shall have the option to terminate this agreement and seek any remedy available, including but not limited to the following damages: the difference between the contract price and market price OR the difference between the contract price and resale price plus any lost profits and incidental damages to make award to next highest offer. After your payment has been received, the SWAP Manager will contact you to make arrangements for pick-up.

4. CONDITION OF EQUIPMENT:

BUYER or its agent shall have the right to inspect the equipment up to and including the date of de-installation and packing for general appearance and operating condition and also to inspect any equipment's log book available. SELLER agrees to secure equipment until such time as the title of the equipment transfers to the BUYER.

5. NOTICES:

Any notice required or permitted to be given by the provisions hereof shall be delivered to a party at the address indicated herein (or at such address as such party shall specify to the other party in writing) by courier or by registered or certified mail. Proof of sending such notice shall be the responsibility of the sender.

6. ADDITIONAL TERMS AND CONDITIONS:

The Offer to Sell form, Standard Terms and Conditions and also the Equipment Purchase Agreement constitutes the entire Agreement between SELLER and BUYER with respect to the purchase and sale of the Equipment and no representation or statement contained herein shall be binding upon SELLER or BUYER as a warranty or otherwise unless in writing and executed by the party to be bound thereby.

This Agreement shall be binding upon the parties hereto and their respective successors and assigns.

This Agreement shall be governed by and construed in accordance with the laws of the State of Wisconsin including but not limited to all matters of construction, validity, performance and enforcement.

This Agreement is subject to acceptance by BUYER and shall become effective on the date thereof.

Purchase Price is firm upon acceptance of the Purchase Agreement by the BUYER.

IN WITNESS WHEREOF, the parties have caused this Agreement to be executed and do each hereby warrant and represent the execution and delivery of this Agreement has been duly authorized by all necessary and appropriate corporate action and constitutes a valid, legal and binding Agreement enforceable in accordance with its terms.

SELLER: BUYER:

By: ____________________________ By: _______________________________________

Name: Lori Voss Name:_____________________________________

Title: Director of Purchasing Services Title:______________________________________

Date:_____________________________________ Date:_______________________________________

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