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Short Form Agreement for Sale of Equipment Offering No Warranty by pellcity27

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An express warranty is a statement by the seller relating to the goods, which statement is part of the basis of the bargain. This means that the buyer has purchased the goods on the reasonable assumption that they were as stated by the seller. Thus, a statement by the seller with respect to the quality, capacity, or other characteristic of the goods is an express warranty. An implied warranty is one that was not made by the seller but is implied by law. In certain instances, the law implies or reads a warranty into a sale, although the seller did not make it. That is, the implied warranty arises automatically from the fact that a sale has been made. Implied warranties can be disclaimed by the expression “as is,” or “with all faults,” or some other similar phrase. A state statute may make such a disclaimer unenforceable. A merchantability disclaimer must mention merchantability. The disclaimer must be conspicuous if the agreement is in writing. To disclaim an implied warranty of fitness for a particular purpose, a disclaimer must be written and be conspicuous.

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									        Short Form Agreement for Sale of Equipment Offering No Warranty

        This Agreement (this Agreement) is made on the (date), between (Name of
Buyer), a corporation organized and existing under the laws of the state of
______________, with its principal office located at (street address, city, state, zip
code), referred to herein as Buyer, and (Name of Seller), a corporation organized and
existing under the laws of the state of ______________, with its principal office located
at (street address, city, state, zip code), referred to herein as Seller.

        Whereas, Seller desires to sell to Buyer, and Buyer desires to purchase from
Seller, certain equipment (the Equipment) on the terms and conditions set forth in this
Agreement;

     Now, therefore, for and in consideration of the mutual covenants contained in this
Agreement, and other good and valuable consideration, the parties agree as follows:

1.     Description of Equipment
       The description of the Equipment to be sold and purchased under this
Agreement is set forth in Exhibit A attached hereto and made a part of this Agreement
by reference.

2.     Purchase of Equipment
       Upon the terms of this Agreement, Seller shall sell, assign, transfer, convey, and
deliver to Buyer all right, title, and interest in and to the Equipment and Buyer shall
purchase all right, title, and interest in and to such Equipment.

3.    Purchase Price
      The total purchase price for all Equipment shall be $______________. The
purchase price for each individual piece of Equipment shall be as specified in Exhibit A.

4.     Payment
       The payment terms are set forth in Exhibit B attached hereto and made a part of
this Agreement by reference.

5.     Taxes
       Buyer shall be solely responsible for any and all taxes applicable to the purchase
of the Equipment.

6.    No Warranty
      The Equipment is sold as is. There is no warranty for any defect or defects in the
Equipment. As of the date of delivery, repairs and modifications to the Equipment will
become the sole responsibility of Buyer.

7.     No Right of Return
       As of the date of delivery, the sale of the Equipment is final and there is no right
of return or right of refund.
8.      Limitation of Liability
        Except as otherwise expressly stated in this Agreement and subject to
mandatory limitations under applicable law, in no event shall any Party to this
Agreement be liable to any other Party or any third party for any indirect, consequential,
incidental, punitive, or special damages whatsoever, without regard to cause or theory
of liability (including, but not limited to, damages incurred by such other Party or such
third party for loss of business profits or revenue, business interruption, loss of business
information, or other pecuniary loss) arising out of this Agreement.

9.     Force Majeure
       Notwithstanding anything to the contrary in this Agreement or the Attachment to
this Agreement, no Party shall be considered in default of performance under this
Agreement to the extent that performance is delayed or prevented by reasons beyond
the reasonable control of such Party, including but not limited to fire, flood, hurricanes,
earthquake, or similar natural disasters, riot, war, terrorism, radical changes in
government import/export regulations, labor strikes, or civil strife.

10.     Severability
        The invalidity of any portion of this Agreement will not and shall not be deemed to
affect the validity of any other provision. If any provision of this 
								
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