Updated: October 26, 2015
Sale and Purchase: The Buyer hereby purchases the Equipment or Material from Seller, and Seller hereby sells, conveys, and transfers the Equipment or Material to Buyer, in consideration of the concurrent payment by Buyer to Seller the amount agreed to. Payment shall be made within seven business days to the Seller and prior to the commencement of removal of the Equipment or Material.
Errors and Omissions: All information on this site is believed true and correct, however Seller will not be held responsible for errors or omissions.
Disclaimer of Warranties: Conditions of Sale are “AS IS, WHERE IS” and the Seller does hereby DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE EQUIPMENT OR MATERIAL, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF OPERATION, USE, CONDITION, MERCHANTABILITY, APPEARANCE AND FITNESS FOR ANY PARTICULAR PURPOSE. Buyer understands, acknowledges, and agrees that the Equipment or Material is being sold only on an “AS IS, WHERE IS” basis, and not in any respect as a functional unit. Accordingly, the description of the Equipment or Material listed herein is for purposes of identification only, and does not in any respect constitute a representation or warranty (either express or implied) that the Equipment or Material is fit for operation or use.
Inspection: Buyer makes this Purchase representing and warranting that it has had adequate opportunity to inspect the Equipment or Material and is making this Purchase based solely upon the results of its inspection and not based upon any representation by the Seller or its representative(s).
Title: Seller warrants that the Equipment or Material is owned outright by Seller, free and clear of all liens, encumbrances, and security interests. Title will pass to the Buyer upon payment of the Purchase Price in full.
Physical Transfer: Possession will be transferred to Buyer upon loading onto transport vehicle. At the time of Physical Transfer Buyer assumes all Liability, Risk of Loss, and Carriage Charges.
Indemnity: Buyer agrees to defend, indemnify and hold harmless Seller and its members, shareholders, directors, managers, partners, officers, employees, and agents against any and all claims resulting from any issue arising from transporting, Personal & Commercial use, and or resale of the Equipment or Material to a third party.
Taxes: Buyer assumes and agrees to pay all applicable federal, state, county or city taxes including sales and use taxes assessed because of the sale of the Equipment or Material.
Removal: Unless the Buyer has paid for shipping costs to Seller at time of purchase, Buyer shall prepare, remove and ship the Equipment or Material at Buyer’s expense. Buyer shall coordinate all load out activities with Seller’s personnel 48 hours in advance of intended load out dates. Normal load out shall be Monday through Friday, between the hours of 9:00 am and 3:00 pm, CT unless otherwise agreed by Owner’s personnel.
Seller will assist Buyer with loading when possible but Buyer is solely responsible for providing proper equipment for transporting and securing the load in a safe manner according to applicable federal, state and local codes, laws, ordinances, statues, rules or regulations.
Abandoned Purchase: Any Equipment or Material not picked up within thirty (30) days after the sale date, or for which Buyer fails to provide proper equipment for transporting and securing the load in a safe manner, will be considered abandoned and re-sold by the Seller with no refund to original Buyer.
Governing Law: This Sale and Purchase shall be construed and applied in accordance with the laws of the State of North Dakota. Both parties shall at all times comply with all applicable federal, state and local codes, laws, ordinances, statues, rules or regulations.
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