Purchase Order Form - Profit Financial Corp. and Applied Voice Recognition Inc.
Purchase Order Form
1. Identification of Parties From: Profit Financial Corporation, soon to be
known as Wade Cook Financial Corporation with principal offices at 14675
Interurban Avenue South, Seattle, Washington, 98168, (Buyer). To: Applied
Voice Recognition, Inc., with principal offices at 4615 Post Oak Place,
Suite 111, Houston, Texas, 77027, (Seller).
2. Purchase. Please enter our purchase order for goods of the following
description and quantity:
10,000 units of a private label automated speech recognition system
with continuous speech recognition integrated with IBM via voice or
equivalent and a self-contained contact manager developed by Seller.
Featuring:
* write a letter
* do a fax
* office memo
* new document
* calculator
3. Purchase Price. The purchase price of the goods, in accordance with your
quotation, is $60.00 per unit for a total of six hundred thousand dollars
($600,000.00) and is not subject to change.
4. Marketing: The cover design, product name, and other marketing designs
for the private label will be approved by WADE and/or its affiliates or
authorized agent.
5. Delivery Instructions. The goods will be shipped to Buyer's warehouse at
Shipping Department, 4479 South 134th Place, Seattle, Washington,
98168-6204, FOB Houston. The first shipment of 2,000 units will be
delivered on or before November 15, 1997, the remaining 8,000 units will
be delivered within 30 days of request by Buyer in a minimum of 2,000
unit increments.
6. Payment. The purchase price of the goods is to be $120,000 paid in
advance with the remainder of the balance to be pre-paid as additional
units are requested by Buyer.
7. Training Expenses. WADE will pay expenses for AVRI to come to Seattle and
provide training to a group of up to 40 WADE employees and/or speakers.
8. Trainer. AVRI will train a designated trainer of the product at their
headquarters.
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9. Arbitration. All disputes, claims, and/or requests for specific
contractual performance, or other equitable relief, or damages or any
other matters in question between the parties arising out of this
Agreement shall be submitted for arbitration, solely. Demand shall be
made to the American Arbitration Association and shall be conducted in
Houston, Texas by a one person arbitrator, unless the parties mutually
agree otherwise. Arbitration shall be in accordance with the commercial
rules of the American Arbitration Association. The award of the
Arbitrator shall be final and judgment may be entered upon it in any court
having jurisdiction thereof, and the prevailing party shall be entitled
to costs and reasonable attorney's fees arising out of such arbitration.
10. Acceptance. A copy of this order must be signed by Seller under the word
"Accepted" and returned immediately to Buyer.
11. Contract Complete. Only the terms and conditions set out in this Purchase
Order shall constitute the agreement between Buyer and Seller. Seller may
make no modification in those terms and conditions.
Dated: September 12, 1997
Profit Financial Corporation
/s/ Wade B. Cook, President
---------------------------------
By: Wade B. Cook, President
Accepted:
Applied Voice Recognition, Inc.
/s/ Timothy J. Connolly
---------------------------------
By: Timothy J. Connolly, Chairman and CEO