Posted: August 24th, 2022

Acquisition Plan Revised essay

Example Digital Device Purchase

EXAMPLE

DIGITAL DEVICE PURCHASE

AGREEMENT

This agreement is by and between Calum

Tech International (“Buyer”), and the

mobile telephone company,

Falcons (“Seller”).

Whereas, the Seller desires to sell to the

Buyer a comprehensive group of 100 cell

phones within 90 days of signing, with

costs summarized below.

Cost Summary

1. Product: Cell phones = $200 each

2. Quantity: 100

3. Contract type: Typically, for a

product acquisition, Lowest prices,

technically acceptable (LPTA)

4. Period of performance: 60 months

5. Data usage per phone (monthly

without contract): $100 × 60

months = $6,000. Data usage

(monthly with contract): $40 × 60

months = $2,400

6. Video, text, and similar services:

Not applicable to this contract

7. Recycling costs: $75 × 100 =

$7,500

8. Total product cost: $2,675 to

$6,275 per phone; $267,500 to

$627,500 for 100

9. 20% Defense Business Operating

Fund fee = $53,500 to $125,500

10. Total potential cost

a. Without data contract =

$627,500 + $125,500 =

$753,000

b. With data contract =

$267,500 + $53,500 =

$321,000

Therefore, the parties hereby agree as

follows:

1) Purchase and Sale of Product. The

Seller agrees to sell, and the Buyer agrees

to buy, for a total purchase price of

$100,000.00 (“Purchase Price”). The

Buyer shall initiate payment of the

purchase price immediately after receipt

and satisfactory inspection of the

product.

2) Shipping.

a) Costs. Falcons will arrange and

pay for shipping the product to the

Buyer.

b) Risk of Loss. The Seller bears

responsibility for the Product,

including responsibility for the risk

of loss of or damage to the Product,

until such time as the Product

arrives at the Buyer.

c) Inspection and Acceptance. After

receipt of the Product, the Buyer

will have 90 days in which to

inspect the Product, and that

Product is in the same condition as

noted in the master packing list. A

significant discrepancy in the

inventory and/or condition of the

Product, if unresolved by the

parties, is grounds for refusal of the

Product by the Buyer and

withholding of payment. A

“significant discrepancy” is defined

as damaged, missing, or non-

working product. In the event that

such a discrepancy exists, the

Product will be returned to the

Seller at the Seller’s expense, unless

the Seller cures the discrepancy no

later than 90 days after the Buyer

provides written notice of the

discrepancy, or such later time as

may be agreed upon by the parties.

The Buyer will indicate its

acceptance or rejection of the

Product in writing.

3) Warranties and Indemnifications.

a) Warranty of Title. The Seller

represents and warrants that the

Seller is the true and lawful owner

of the property in this agreement

and the title so conveyed is free,

clear, and unencumbered. Other

than as expressly written the

product is being sold “as-is” with no

warranties.

b) Authority to Sign Agreement.

The Seller hereby warrants that the

Seller has the authority necessary

to sign this agreement.

c) Seller Indemnification. The Seller

agrees to indemnify and hold the

Buyer harmless from all claims,

liabilities, damages, loss, and costs

and expenses (including attorneys’

fees), that are the result of any

breach of warranties or

representations of this agreement.

4) Publicity. Seller shall obtain prior

written approval from the Buyer prior to

using the Buyer’s trademarks or trade

names, images or holdings (“Proprietary

Marks”). This applies to all uses

regardless of whether on the web, in

print, or in any other media. Once

approved, similar uses in the same

context and format will not require

additional approval. The contact at the

Buyer for these reviews is Senior

Contract Manager Talia Norduff.

5) Miscellaneous.

a) Nature of relationship. Nothing in

this agreement is intended or is to

be deemed to create a partnership

or joint venture between the Buyer

and the Seller.

b) No waiver. No waiver or

modification of any of the terms of

this agreement will be valid unless

in writing.

c) Force majeure. Delivery by either

party under this agreement is

excused during the period such

delivery is prevented or delayed by

government restrictions (whether

with or without valid jurisdiction),

worldwide pandemic, insurrection

or civil disorder, or any other causes

that are beyond the control of

either party and are not foreseeable

at the time the agreement is

executed.

d) Assignment. Neither party hereto

may assign this agreement without

the written consent of the other,

such consent not to be

unreasonably withheld.

e) Full agreement. This agreement

constitutes the full agreement

between the parties with respect to

the product and supersedes all pre-

existing agreements and

understandings.

f) Applicable law and venue. This

agreement is to be governed for all

purposes by and construed in

accordance with the law of

Maryland and the venue is to lie

exclusively in the courts for Anne

Arundel County.

The effective date of this agreement is

the last date of signature below.

© 2022 University of Maryland Global Campus

All links to external sites were verified at the time of

publication. UMGC is not responsible for the validity

or integrity of information located at external sites.

Buyer Seller

Talia Norduff Senior Contract Manager, CTI

Prudence Trott Falcons Mobile Telephone Rep

Date: 2/13/2016 Date: 2/13/2016

Course Resource

Print

1/17/22, 4:42 PM Page 1 of 1

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Purchase of a Digital Device

EXAMPLE

PURCHASE OF A DIGITAL DEVICE

AGREEMENT

Calum and I have reached an arrangement.

Tech International (“Buyer”), as well as the

Business that provides mobile phones,

The Falcons (“Seller”).

The Seller, on the other hand, wishes to sell to the

Purchase a comprehensive group of 100 cells.

phones within 90 days of signing the contract, with

The costs are summarized here.

Summary of Costs

1. Product: Cell phones = $200 each

2. Quantity: 100

3. Contract type: Typically, for a

product acquisition, Lowest prices,

technically acceptable (LPTA)

4. Period of performance: 60 months

5. Data usage per phone (monthly

without contract): $100 × 60

months = $6,000. Data usage

(monthly with contract): $40 × 60

months = $2,400

6. Video, text, and similar services:

Not applicable to this contract

7. Recycling costs: $75 × 100 =

$7,500

8. Total product cost: $2,675 to

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