New hardware includes the standard manufactures warranty. Refurbished hardware includes a 90-day warranty unless otherwise discussed and/or agreed upon with a PDR sales executive
1.Maintenance;Warranties. Seller warrants Equipment will be eligible to be placed under the Manufacturer's Maintenance Agreement. Purchaser responsible for placing Equipment under such coverage & will promptly notify Seller in writing for any dispute concerning the Equipment's eligibility therefore, to afford Seller a reasonable opportunity to assure such eligibility. Should the Purchaser operate the equipment, all cost associated with qualifying the equipment for Mfg. maintenance agreement will be the responsibility of the Purchaser.
THE ABOVE WARRANTY IS IN LIEU OF ANY & ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY AND OF FITNESS FOR ANY PARTICULAR PURPOSE. PURCHASER ACKNOWLEDGES THAT IT IS NOT RELYING ON SELLER'S SKILL OR
JUDGMENT TO SELECT OR FURNISH GOODS SUITABLE FOR ANY PARTICULAR PURPOSE & THAT THERE ARE NO WARRANTIES WHICH ARE NOT CONTAINED IN THIS AGREEMENT. SELLER SHALL NOT BE LIABLE FOR DAMAGES, INCLUDING SPECIAL INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OF THE EQUIPMENT OR ITS USE BY PURCHASER,& SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH SELLER'S FAILURE TO PERFORM ITS OBLIGATIONS HEREUNDER
2.Delivery & Risk of Loss; Included Items. Seller will de-install & prepare Equipment for shipping, using suitable packing materials, & will deliver Equipment to Seller's shipping dock, F.O.B. location shown on reverse. Purchaser shall bear risk of loss or damage from the time of such delivery & shall promptly pay for all transportation, rigging & packaging charges.
3.Title. Seller warrants that at time of delivery to Purchaser, Seller will be lawful owner of Equipment, with full right, power & authority to sell Equipment to purchaser, & that Equipment will be free & clear of all liens, claims & encumbrances of any kind. Good & marketable title to Equipment shall vest in Purchaser upon payment in full of the Purchase Price. Purchaser agrees it will not sell, transfer, lease or otherwise part with possession of Equipment until full payment of the Purchase Price is made.
4.Taxes.(Applies to sales outside of AZ & CA). There has not been added to the Purchase Price an amount equal to any sales, use, or similar tax, however designated. Responsibility for remitting all assessable taxes shall be born by purchaser.
5.Default;Remedies. If Purchaser fails to accept delivery of the Equipment when available, fails to pay all or any part of the Purchase Price when due, or otherwise fails to perform any of its obligations hereunder, Seller may: (a) terminate this agreement upon written notice to Purchaser (b) re-possess the Equipment without notice or demand, & (c) pursue any other lawful remedy (Including all fees incurred by Seller) If Seller fails to deliver Equipment in a timely manner, or breaches any warranty or otherwise fails to perform any of its obligations hereunder, Purchaser may (a) terminate this Agreement upon written notice to Seller &(b) pursue any other lawful remedy.
6.Effective Date. This Agreement is subject to acceptance by PDR in Phoenix, AZ, & shall only become effective on this date thereof.
7.Miscellaneous. This Agreement shall be governed by the laws of the State of Arizona, and constitutes the entire agreement between the Purchaser and Seller with respect to the purchase and sale of the equipment superseding any prior purchase orders, offers or agreements
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