This Sales Agreement (the ?Agreement?) effective
1- Sale of Goods and Delivery: The exact date and time of collection to be
coordinated by the Parties and shall be reasonable, e.g., during business hours (?Purchase
Date?). The Goods will be made available [for pickup at Seller?s address (1000 Marina
Blvd, Brisbane CA 94005)]. Buyer will be given the opportunity to inspect the Goods and
is responsible for pick-up, loading, and transport of Goods. Seller agrees to furnish the
facilities to Buyer for such activities on the Purchase Date.
2- Purchase Price: The Buyer will accept the Goods for a sum set forth in Appendix A plus
applicable sales tax (the ?Purchase Price?) and agrees to pay the Purchase Price to
EquipNet prior to the Purchase Date.
a. The Purchase price is exclusive of sales tax. If the Buyer is claiming any partial or
full sales tax exemptions, the applicable exemption form must be completed. If an
exemption form is not provided at the time of this Agreement, Seller will charge
full sales tax assuming no exemptions apply.
3- Risk of Loss: The risk of loss from any casualty to the Goods, regardless of cause, will
be on the Buyer once picked up by the Buyer.
4- No Warranties: The Goods are sold ?as is? and the Seller expressly disclaims all
warranties, whether express or implied, including but not limited to, any implied
warranty of merchantability or fitness for a particular purpose.
5- Title: The title to the Goods will remain with the Seller until the Goods are picked up by
Buyer. To the extent the Buyer is in receipt of the Goods before the Purchase Price is
received by Seller, the Seller retains a security interest in the Goods until the Purchase
Price is paid in full.
6- Notice: Any notice to be given to either of the Parties will be sufficient if delivered
personally or sent by prepaid registered mail to the addresses specified above.
7- Governing Law and Jurisdiction: This Agreement will be interpreted and construed in
accordance with the laws of the State of California, without regard to conflict of law
principles. All disputes arising out of this Agreement will be subject to the exclusive
jurisdiction and venue of the state courts located in Santa Clara County, California and
the federal courts located in the Northern District of California, and each Party hereby
consents to the personal jurisdiction thereof.
In witness whereof, the Parties by their duly authorized representatives have executed this
Agreement as of the Effective Date -
Equipment Information -
PURCHASER Company -
Equipment Location -
PURCHASER Name -
PURCHASER Address -