Terms / Disclaimer / Legal Forum-Salter associates, Inc.
Time is of the essence. Before shipment, full payment, in US$ dollars, shall be immediately conveyed to the Seller with a Bank Wire. (*see bank wire instructions). Any applicable taxes shall be the responsibility of the 3rd party Buyer.
Until Shipment or up to 10 days after sale; Seller agrees to insure, shelter, protect and guarantee the property against any damage and/or pilferage that might diminish the Buyer’s perceived value of the property and therefore the original intent of the purchase. Damages shall not exceed the total amount of monies paid and/or deposited by the Buyer. Seller furthers agrees, not to utilize the property/equipment during this time. Property/equipment shall be sold As Is and FOB, Where Is; with all faults.
Seller warrants property/equipment to be free of all liens and encumbrances, and possessing the same and merchantable conditions of the property; at the time of Buyer’s inspection. Before the sale; Seller encourages and agrees to allow Buyer and/or his designated agent; reasonable access to inspect and evaluate the property/equipment.
Upon Sale; Seller shall package and legally load, in a timely manner, all property described herein and its related items, accessories, and spare parts, onto a designated service for transport to the Buyer. All Transportation fees and arrangements shall be the responsibility of the Buyer. Seller is not responsible for any issues, conditions or ramifications beyond their control that may or may not impact the sale. All sales are immediately binding and final.
Full compliance of these conditions shall constitute a permanent Contract and Bill of Sale documenting the transfer and exchange of the property and/or title between the Buyer and Seller. The law of the state of Georgia shall have sole jurisdiction in this contract enforcement and all issues regarding this contract agreement.
Optional freight services are offered by the seller for the benefit of the buyer. The freight rates are not marked up for profit by the seller; therefore any disputes or negotiations involving the buying and selling of equipment shall not include any payments directly related to freight.
DICLAIMER USED EQUIPMENT SALES:
The "As is" / "Where is" Clause under this disclaimer is hereby agreed, that the seller and purchaser agree that Purchaser is taking the all used Equipment “As Is ” / FOB, "Where Is", with any and all latent and patent defects and that there is no warranty by Seller that the Equipment is fit for a particular purpose. Purchaser is encouraged and acknowledges that it can inspect the Equipment and that it is not relying upon any photos, videos, representation, statement or other assertions made by Seller with respect to the Equipment’s condition; but is relying upon its own knowledge regarding the Equipment and/or its own examination of the Equipment. Purchaser takes the Equipment under the express understanding that there are no express or implied warranties.
DISCLAIMER NEW EQUIPMENT SALES:
Purchaser takes the Equipment, under the express understanding, that there are no express or implied warranties; except those offered by the manufacturer.
LEGAL FORUM FOR ALL DISPUTES:
The sale of equipment and any agreements relating to the sale of equipment is entered into and is deemed to have been performed in the United States and shall be governed by, construed, and enforced in accordance with the laws of the United States without regard or reference to choice or conflict of rules of law. The parties agree that Atlanta, Georgia United States shall be the forum for any disputes, whether based in tort or contract, relating to or arising out of the Sale; whether filed in state, federal or international courts or resolved through mediation. Buyer agrees to submit to personal jurisdiction in the State or Federal Courts of the United States and to waive its' right to a jury trial in any lawsuit filed regarding the Sale.