MUTUALLY NON-BINDING PRE ORDER ACKNOWLEDGEMENT Buyer
Seller
Name
Telephone no, fax no. and email address
Company registration no / VAT identity no.
Registered mailing address
Country
Name
Telephone no, fax no. and email address
Company registration no
FlatFrog Laboratories AB
Tel:+46 46 10 25 00 Fax:+46 46 10 13 61 E-mail: sales@flatfrog.com
556733-5491
Registered mailing address
Country
Traktorvägen 11 226 60 Lund
Sweden
Pre order By signing this pre order acknowledgement the Buyer and Seller, (each a “Party” and collectively scope and the “Parties”), express their intentions to enter into a final purchase agreement regarding the follow up respective purchase and sale of the Products and quantities thereof listed in Schedule 1 (the “Transaction”). The Parties may have discussed fundamental principles, terms and conditions for the Transaction, however, this pre order acknowledgement shall, save as explicitly set out herein, as such not be construed as to create any rights or obligations on either Party and either Party’s non-fulfillment of its intentions shall not entitle either Party to damages, reimbursement of costs or likewise but shall serve the sole purpose of registering the Parties mutual interest in the Transaction and enable continued contacts in order to arrive at a final agreement between Seller or its nominated distributor/reseller and Buyer. The Parties however commit to negotiate in good faith with the intent to enter into a final purchase agreement at the earliest possible date. Price Delivery time
The governing law and dispute resolution provisions set out below are binding on the Parties. The final purchase price shall be negotiated between the Parties prior to signing the final purchase agreement; however, indicative prices - exclusive of any freight or other charges, applicable sales tax and customs fees - are set out in Schedule 1. The final delivery time shall be established in the final purchase agreement and is subject to Product availability; however, an indicative delivery time following a final and binding order is set out in Schedule 1.
This pre order acknowledgement has been drafted in two identical copies, the parties each receiving one. This pre order acknowledgement shall remain in force and effect until the occurrence of the earliest of the following: i) the effective date of any final purchase agreement or corresponding binding purchase order, ii) a written notification by either Party to the other Party that the pre order acknowledgement shall be void, or iii) twelve (12) months after the last day of signature of a Party hereto. The pre order acknowledgement shall be governed and construed by Swedish law, excluding its conflict of laws principles providing for the application of the laws of any other jurisdiction. The Parties agree that Malmö city court has exclusive jurisdiction as the court of first instance over any dispute related to this pre order acknowledgement and any issues emanating there from.
Signatures
Place, Date
Place, Date
(Authorized signature)
(Authorized signature)
Name in Print
Name in Print
Schedule 1 Product FlatFrog Multitouch 3200 Cosmetic Shell Short Legs Long Legs
Indicative price (USD) 5500 USD (MSRP) 190 USD (MSRP) 750 USD (MSRP) 800 USD (MSRP)
Buyer signature: ___________________
Indicative delivery time
Amount(no.of products)
Seller signature: ___________________