Purchase Agreement (Canada)

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This Purchase Agreement is designed for Canada and is available for immediate download.

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This Purchase Agreement is between a buyer and seller for the purchase of goods or products. It is mutually beneficial to both parties that these types of transactions are memorialized in writing. Having a written Purchase Agreement will prove invaluable in the event of misunderstandings, disagreements or litigation.

Among others, this Purchase Agreement includes the following provisions:
  • Parties to the Agreement: This provision contains the identity and names of the buyer and seller;
  • Products: Sets out the specific products the buyer is purchasing from the seller;
  • Purchase Price: The purchase price of the goods and when the seller will be paid;
  • Defective Products: Sets out the inspection procedures and the buyer’s remedies in the case of defective products;
  • Representations and Warranties: These provisions set forth the representations and warranties of both the buyer and the seller.

This lawyer-prepared packet contains:
  1. General Information
  2. Instructions and Checklist
  3. Purchase Agreement for use in Canada
Law Compliance: This form can be used in the following provinces: Alberta, British Columbia, Manitoba, New Brunswick, Newfoundland and Labrador, Northwest Territories, Nova Scotia, Nunavut, Ontario, Prince Edward Island, Saskatchewan and Yukon
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.
 
 
Purchase Agreement
(Canada)

 

 
This Purchase Agreement (the “Agreement”) is made and entered on this ___ day of _____________________, 20___ (the “Effective Date”), by and between __________________, having its offices at ___________________________________________________________ (the “Buyer”) and __________________________________________________________, having its offices at ___________________________________________________________ (the “Seller”)
 
 
WHEREAS, the Seller desires to sell the Products defined below and the Buyer desires to purchase the Products from Seller.
 
NOW THEREFORE, in consideration of the mutual covenants and agreements herein contained and other good and valuable consideration (the receipt and sufficiency of which are hereby acknowledged), the parties agree as follows:
 
1.   PRODUCTS
 
The Seller shall sell to the Buyer and the Buyer shall purchase from the Seller the Products mentioned on the Exhibit A attached hereto (the “Products”).
 
2.   PURCHASE PRICE
 
The purchase price for the Products to be sold hereunder shall be CAD__________________ (the “Purchase Price”). The Purchase Price shall be paid upon the execution of this Agreement.
 
3.   DELIVERY AND   SHIPMENT
 
Delivery of the Products to Buyer by the Seller shall be made within two (2) weeks after the execution of this Agreement. If there is any delay in the delivery, the Seller shall notify the Buyer as to the cause and extent of such delay.
 
4.   DEFECTIVE PRODUCTS
 
Upon receipt of the delivery, the Buyer may inspect the Products within Two (2) weeks from the date of the delivery. The Buyer may return any non-conforming or defective Products to the Seller. Seller shall use its best efforts to repair or replace the defective products within Four (4) weeks from receipt of the returned Product. If the Buyer fails to return any defective Products to the Seller within Two (2) weeks after delivery, the Products shall be deemed to have been accepted by the Buyer.
 
 
 
 
5.   TERM AND TERMINATION
 
This Agreement will commence on the date first written above and will continue unless terminated. Either party may terminate this Agreement upon thirty (30) days written notice to the other party.
 
6.   REPRESENTATIONS AND WARRANTIES OF SELLER
 
The Seller hereby represents and warrants to Buyer as follows:
 
(a) Seller has full authority to enter into this Agreement and to carry out the obligations under this Agreement. The execution, delivery and performance of this Agreement by the Seller will not result in any material liability to the Seller nor shall it constitute a violation of or a default under, any existing term or provision of any other agreement.
 
(b) Seller is the sole and lawful owner of the Products.
 
(c) To the best of Sellers knowledge, there is no litigation, proceeding either pending or threatened against the Seller affecting the sale of the Products at law or in equity, before any court, arbitration tribunal, licensing authority or governmental agency.
 
(d) There are no outstanding or threatened orders, writs, injunctions or deliverers of any court, governmental agency or arbitration tribunal against or affecting the Products.
 
7.   REPRESENTATIONS AND WARRANTIES BY BUYER
 
Buyer hereby represents and warrants as follows:
 
(a) Buyer has full authority to enter into this Agreement and to carry out the obligations under this Agreement. The execution, delivery and performance of this Agreement by the Buyer will not result in any material liability to the Buyer nor shall it constitute a violation of or a default under, any existing term or provision of any other agreement.
 
(b) To the best of Buyer's knowledge, there is no litigation, proceeding, either pending or threatened, against the Buyer affecting the consummation of transactions made herein.
 
8.   CONDITION OF THE PRODUCTS
 
Buyer agrees that it has purchased and shall take possession of the Products in their AS IS, WHERE IS condition and acknowledges that it has previously been given the opportunity to and has conducted such investigations and inspections of the Products and is satisfied with the present condition of the Products.
 
 
 
 
9.   DISCLAIMER
 
EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, SELLER DOES NOT MAKE ANY EXPRESS OR IMPLIED REPRESENTATIONS, STATEMENTS, WARRANTIES, OR CONDITIONS OF ANY KIND OR NATURE WHATSOEVER CONCERNING THE PRODUCTS, INCLUDING (WITHOUT LIMITING THE GENERALITY OF THE FOREGOING) ANY WARRANTIES REGARDING THE OWNERSHIP, CONDITION, QUANTITY AND/OR QUALITY OF ANY OR ALL OF THE PRODUCTS AND ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED.
 
10.   INDEMNIFICATION BY THE SELLER
 
In the event either party breaches or is deemed to have breached any of the representations and warranties contained in this Agreement, or fails to perform or comply with any of the covenants and agreements set forth in this Agreement, it shall hold harmless, indemnify and defend the other party, and its directors, officers, shareholders, lawyers, representatives and agents, from and against any damages incurred by the non-defaulting party.
 
11.   NOTICES
 
All notices, demands, and requests which may be given or which are required to be given by either party to the other, hereunder shall be in writing. Such notices shall be deemed delivered when personally delivered to the address of the party to receive such notice set forth below or, whether actually received or not, five (5) days after having been deposited in any post office or registered mail, return receipt requested, postage prepaid, properly addressed as follows:
 
If to Buyer:
 
__________________________
__________________________
__________________________
 
If to Seller:
 
___________________________
___________________________
___________________________
 
12.   AMENDMENT AND MODIFICATION
 
This Agreement may be amended, modified or supplemented only by written agreement of Buyer and Seller.
13.   SEVERABILITY
 
If any provision of this Agreement shall be held to be illegal, invalid or unenforceable under present or future laws, such provisions shall be fully severable, this Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of this Agreement; and, the remaining provisions of this Agreement shall remain in full force and effect.
 
14.   ENTIRE AGREEMENT
 
This Agreement sets forth all of the promises, covenants, agreements, conditions and undertakings between the parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements and undertakings, inducements or conditions, express or implied, oral or written.
 
15.   GOVERNING LAW
 
This Agreement shall be governed by and construed in accordance with the laws of the province of ____________________________________.
 
16.   ARBITRATION
 
All disputes under this Agreement shall be settled by arbitration in _________________ before a single arbitrator pursuant to the International Commercial Arbitration Act. Arbitration may be commenced at any time by any party hereto giving written notice to the other party to a dispute that such dispute has been referred to arbitration. Any award rendered by the arbitrator shall be conclusive and binding upon the parties hereto.
This provision for arbitration shall be specifically enforceable by the parties and the decision of the arbitrator in accordance herewith shall be final and binding without right of appeal.
 
17.   COUNTERPARTS
 
 This Agreement may be executed in one or more counterparts all of which when taken together constitute one and the same instruments. A signed counterpart is as binding as an original.
 
18.   HEADINGS
 
The headings used in this Agreement are for convenience only and shall not be used to limit or construe the contents of any of the sections of this Agreement.
 
19.   SURVIVAL
 
All covenants, warranties and representations herein shall survive this Agreement.
20.   ASSIGNMENT
 
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. Buyer may, without need for any consent or notice to Seller, assign all of its rights and obligations under this Agreement to any Affiliate of Buyer, and such assignment shall release Buyer of all of its liabilities and obligations to Seller, provided such liabilities and obligations are fully assumed by Buyer's assignee.
 
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the day and year first above written.
 
SELLER
 
 ______________________________
 
BUYER
 
____________________________
 
 
 
EXHIBIT A
THE PRODUCTS
 
 
 
Number of Pages10
DimensionsDesigned for Letter Size (8.5" x 11")
EditableYes (.doc, .wpd and .rtf)
UsageUnlimited number of prints
Product number#36285
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.
 
 
Purchase Agreement
(Canada)

 

 
This Purchase Agreement (the “Agreement”) is made and entered on this ___ day of _____________________, 20___ (the “Effective Date”), by and between __________________, having its offices at ___________________________________________________________ (the “Buyer”) and __________________________________________________________, having its offices at ___________________________________________________________ (the “Seller”)
 
 
WHEREAS, the Seller desires to sell the Products defined below and the Buyer desires to purchase the Products from Seller.
 
NOW THEREFORE, in consideration of the mutual covenants and agreements herein contained and other good and valuable consideration (the receipt and sufficiency of which are hereby acknowledged), the parties agree as follows:
 
1.   PRODUCTS
 
The Seller shall sell to the Buyer and the Buyer shall purchase from the Seller the Products mentioned on the Exhibit A attached hereto (the “Products”).
 
2.   PURCHASE PRICE
 
The purchase price for the Products to be sold hereunder shall be CAD__________________ (the “Purchase Price”). The Purchase Price shall be paid upon the execution of this Agreement.
 
3.   DELIVERY AND   SHIPMENT
 
Delivery of the Products to Buyer by the Seller shall be made within two (2) weeks after the execution of this Agreement. If there is any delay in the delivery, the Seller shall notify the Buyer as to the cause and extent of such delay.
 
4.   DEFECTIVE PRODUCTS
 
Upon receipt of the delivery, the Buyer may inspect the Products within Two (2) weeks from the date of the delivery. The Buyer may return any non-conforming or defective Products to the Seller. Seller shall use its best efforts to repair or replace the defective products within Four (4) weeks from receipt of the returned Product. If the Buyer fails to return any defective Products to the Seller within Two (2) weeks after delivery, the Products shall be deemed to have been accepted by the Buyer.
 
 
 
 
5.   TERM AND TERMINATION
 
This Agreement will commence on the date first written above and will continue unless terminated. Either party may terminate this Agreement upon thirty (30) days written notice to the other party.
 
6.   REPRESENTATIONS AND WARRANTIES OF SELLER
 
The Seller hereby represents and warrants to Buyer as follows:
 
(a) Seller has full authority to enter into this Agreement and to carry out the obligations under this Agreement. The execution, delivery and performance of this Agreement by the Seller will not result in any material liability to the Seller nor shall it constitute a violation of or a default under, any existing term or provision of any other agreement.
 
(b) Seller is the sole and lawful owner of the Products.
 
(c) To the best of Sellers knowledge, there is no litigation, proceeding either pending or threatened against the Seller affecting the sale of the Products at law or in equity, before any court, arbitration tribunal, licensing authority or governmental agency.
 
(d) There are no outstanding or threatened orders, writs, injunctions or deliverers of any court, governmental agency or arbitration tribunal against or affecting the Products.
 
7.   REPRESENTATIONS AND WARRANTIES BY BUYER
 
Buyer hereby represents and warrants as follows:
 
(a) Buyer has full authority to enter into this Agreement and to carry out the obligations under this Agreement. The execution, delivery and performance of this Agreement by the Buyer will not result in any material liability to the Buyer nor shall it constitute a violation of or a default under, any existing term or provision of any other agreement.
 
(b) To the best of Buyer's knowledge, there is no litigation, proceeding, either pending or threatened, against the Buyer affecting the consummation of transactions made herein.
 
8.   CONDITION OF THE PRODUCTS
 
Buyer agrees that it has purchased and shall take possession of the Products in their AS IS, WHERE IS condition and acknowledges that it has previously been given the opportunity to and has conducted such investigations and inspections of the Products and is satisfied with the present condition of the Products.
 
 
 
 
9.   DISCLAIMER
 
EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, SELLER DOES NOT MAKE ANY EXPRESS OR IMPLIED REPRESENTATIONS, STATEMENTS, WARRANTIES, OR CONDITIONS OF ANY KIND OR NATURE WHATSOEVER CONCERNING THE PRODUCTS, INCLUDING (WITHOUT LIMITING THE GENERALITY OF THE FOREGOING) ANY WARRANTIES REGARDING THE OWNERSHIP, CONDITION, QUANTITY AND/OR QUALITY OF ANY OR ALL OF THE PRODUCTS AND ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED.
 
10.   INDEMNIFICATION BY THE SELLER
 
In the event either party breaches or is deemed to have breached any of the representations and warranties contained in this Agreement, or fails to perform or comply with any of the covenants and agreements set forth in this Agreement, it shall hold harmless, indemnify and defend the other party, and its directors, officers, shareholders, lawyers, representatives and agents, from and against any damages incurred by the non-defaulting party.
 
11.   NOTICES
 
All notices, demands, and requests which may be given or which are required to be given by either party to the other, hereunder shall be in writing. Such notices shall be deemed delivered when personally delivered to the address of the party to receive such notice set forth below or, whether actually received or not, five (5) days after having been deposited in any post office or registered mail, return receipt requested, postage prepaid, properly addressed as follows:
 
If to Buyer:
 
__________________________
__________________________
__________________________
 
If to Seller:
 
___________________________
___________________________
___________________________
 
12.   AMENDMENT AND MODIFICATION
 
This Agreement may be amended, modified or supplemented only by written agreement of Buyer and Seller.
13.   SEVERABILITY
 
If any provision of this Agreement shall be held to be illegal, invalid or unenforceable under present or future laws, such provisions shall be fully severable, this Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of this Agreement; and, the remaining provisions of this Agreement shall remain in full force and effect.
 
14.   ENTIRE AGREEMENT
 
This Agreement sets forth all of the promises, covenants, agreements, conditions and undertakings between the parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements and undertakings, inducements or conditions, express or implied, oral or written.
 
15.   GOVERNING LAW
 
This Agreement shall be governed by and construed in accordance with the laws of the province of ____________________________________.
 
16.   ARBITRATION
 
All disputes under this Agreement shall be settled by arbitration in _________________ before a single arbitrator pursuant to the International Commercial Arbitration Act. Arbitration may be commenced at any time by any party hereto giving written notice to the other party to a dispute that such dispute has been referred to arbitration. Any award rendered by the arbitrator shall be conclusive and binding upon the parties hereto.
This provision for arbitration shall be specifically enforceable by the parties and the decision of the arbitrator in accordance herewith shall be final and binding without right of appeal.
 
17.   COUNTERPARTS
 
 This Agreement may be executed in one or more counterparts all of which when taken together constitute one and the same instruments. A signed counterpart is as binding as an original.
 
18.   HEADINGS
 
The headings used in this Agreement are for convenience only and shall not be used to limit or construe the contents of any of the sections of this Agreement.
 
19.   SURVIVAL
 
All covenants, warranties and representations herein shall survive this Agreement.
20.   ASSIGNMENT
 
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. Buyer may, without need for any consent or notice to Seller, assign all of its rights and obligations under this Agreement to any Affiliate of Buyer, and such assignment shall release Buyer of all of its liabilities and obligations to Seller, provided such liabilities and obligations are fully assumed by Buyer's assignee.
 
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the day and year first above written.
 
SELLER
 
 ______________________________
 
BUYER
 
____________________________
 
 
 
EXHIBIT A
THE PRODUCTS
 
 
 

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CA

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The form was very comprehensive and I was able to easily adapt it to what I needed. I will purchase legal forms in the future, the price was reasonable and easily accessible.


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