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Terms & Conditions for Used "AS-IS" Equipment Sales
- Title to and risk of loss or damage to the Equipment described on the list attached hereto shall pass from B&C Reisner Limited (SELLER) to PURCHASER upon PURCHASER'S taking possession of the Equipment.
- PURCHASER acknowledges and agrees that the Equipment subject to this agreement is being sold on an "AS IS, WHERE IS, AND WITH ALL FAULTS AND DEFECTS" basis and that SELLER makes no representation of any kind, express or implied, including without limitation, warranty or merchantability or fitness for a particular purpose, or any other matter with respect to the Equipment, PURCHASER acknowledges that equipment has not been cleaned or sanitized and that it may contain some internal contamination and/or residuals from gases and/or chemicals used in the normal operation of this Equipment.
- It is further understood and agreed that in no event shall SELLER be liable for direct, indirect, special or consquential damages in connection with the transportation, use, ownership or possession of the equipment by purchaser, its agents, employees or subcontractors.
- SELLER specifically disclaims any warranty or representation, express or implied, that the Equipment complies with any Federal, State or Local regulations relating to transportation, safety, health or the environment. PURCHASER hereby assumes the responsibility to assure that the Equipment meets all such regulations and that is is properly grounded, protected and marked before its operation, use or resale.
- PURCHASER agrees to hold SELLER harmless from and indemnify it against any loss, claim, damage, liability, expense (including reasonable attorney's fees) and cause of action, of whatsoever nature, arising out of or in any way connected with the use of the Equipment hereunder by PURCHASER, its employees, agents, subcontractors or any other third party.
- This document shall not be modified or amended except by an instrument in writing signed by a duly authorized representative of each party. No oral statement or representation by SELLER or his representative shall be binding upon SELLER in any way modify these Terms and Conditions.
- SELLER shall not be responsible for delays in delivery of the Equipment for any cause beyond SELLER's reasonable control including but not limited to the following causes: Acts of God or the public enemy; civil war, insurrections or riots; fires, floods, explosions, earthquakes or serious accidents, any act of government, strikes, labor troubles; or due to any other causes to the extent that such are beyond SELLER'S reasonable control.
- In the event of loss, or destruction or substantial damage to the Equipment prior to delivery thereof to PURCHASER, this document and all of the rights and obligations of the parties hereunder shall terminate and shall be null and void except that SELLER shall be obligated to promptly refund to PURCHASER all monies paid.
- Payment by bank funds transfer, or certified or cashier's check to be made within five days after notice of acceptance of SELLER of PURCHASER'S bid.
- PURCHASER will remove all of the Equipment within thirty (30) days of receipt of notice from SELLER that its bid has been accepted and the Equipment is ready for pick-up.
- PURCHASER must assume all loading costs.
- SELLER has the right to reject any and all bids.
- Equipment availability is subject to prior sale.
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