Terms and Conditions of Sale


THE EQUIPMENT CONVEYED BY THIS TRANSACTION IS SOLD BY SELLER AND ACCEPTED BY BUYER ON AN “AS IS, WHERE IS” BASIS. SELLER EXPRESSLY DISCLAIMS AND NEGATES ANY IMPLIED OR EXPRESS WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED OR EXPRESS WARRANTIES AGAINST DEFECTS. BUYER HEREBY ASSUMES ALL LIABILITY AND COSTS REGARDING THE EQUIPMENT AS WELL AS THE EXISTENCE OR PRESENCE OF ANY ADVERSE PHYSICAL CONDITIONS ASSOCIATED WITH THE EQUIPMENT. BUYER HEREBY EXPRESSLY RELEASES SELLER FROM, AND AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS SELLER AGAINST ANY AND ALL LIABILITIES, CLAIMS, CAUSES OF ACTION OR RIGHTS OF ACTION OF EVERY KIND OR CHARACTER ARISING OUT OF, INCIDENT TO OR ON INCONNECTION WITH THE OWNERSHIP, USE, MAINTENANCE, HANDLING OR RESALE OF THE EQUIPMENT FROM AND AFTER THE DATE OF TRANSACTION. PAYMENT CONSTITUTES BUYER'S AGREEMENT AND ACCEPTANCE OF THESE TERMS.