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New hardware includes the standard
manufactures warranty. Refurbished hardware includes a 30-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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