Agreement to Purchase Computer Discs for Overlabeling

{NAME ADDRESS OF MANUFACTURER} hereinafter referred to as {SUPPLIER}, and {NAME/ADDRESS OF DUPLICATOR}, hereinafter referred to as {DUPLICATOR}, on this __________ day of ________ 20 __, do hereby agree to the following:

{SUPPLIER} shall supply to {DUPLICATOR} the following described computer disc's:

(amount and size of disc's)

at a price of (dollars) per (fifty/hundred/thousand) quantity.

{DUPLICATOR} agrees to overlabel and to degauss the same for reuse and resale. {DUPLICATOR} shall use a process to degauss the disc's which will result in the complete erasure of data and the inability to recover the data using standard end-user unerase techniques.

{DUPLICATOR} may not identify the source of the disc's upon resale or reuse of the same and shall keep this agreement strictly confidential.

{SUPPLIER} does hereby warrant:

That it is the owner of the property sold herein; that there are no encumbrances on the property; that the disc's are O-E-M quality and have been quality control reviewed by {SUPPLIER}, and that the defect rate of the disc's is equal to or less than ( ) percent. In the event that the disc's fail at a higher rate, {SUPPLIER} shall replace or rebate the sum of (dollars/cents) per extra discs' which are unusable.

This constitutes the complete agreement between the parties, and may not be altered except by an instrument in writing.

Executed and dated as first above written at (City/State).