Electronic Sales Agreement between , and
We acknowledge that we will purchase the equipment listed in the attached equipment list (the "Equipment") from ("Seller") for (exclusive of VAT) ("Purchase Price") on the attached Terms and Conditions.
We acknowledge that ownership of the Equipment remains with Seller until we start the onsite removal of the Equipment from Seller and that payment must be made before the start of onsite removal works. The Equipment must be removed from Seller premises located at
We also confirm that no further monies (apart from the Purchase Price confirmed above) or other benefits in kind have been given to Seller or any of its employees, contractors or consultants in connection with the purchase of the Equipment.
TERMS AND CONDITIONS
- You agree to purchase the Equipment set out in the attached equipment list from Seller. You agree to pay to Seller the Purchase Price.
- Title to and risk in the Equipment will transfer to you when you start the onsite removal works of the Equipment from our premises (the "Removal"). Payment of the Purchase Price must be made before collection and the Removal must not start before the date on which you have paid the Purchase Price in full. You are responsible for the removal of the Equipment from Sellers premises on the date agreed with Seller.
- You agree that from the start of the onsite removal works:
- you will be solely responsible for the Equipment, including for all removal, transport, installation, repairs, maintenance and upgrades and keeping it in a condition which complies with all applicable laws;
- you will respect the safety at works instructions of seller during the removal & loadings works of the Equipment on Sellers premises;
- you will indemnify Seller against any and all damages, losses, liabilities, claims, costs and expenses - whether direct or indirect (including, but not limited to, loss of profits, revenue or goodwill or any type of consequential or special loss or damage) - arising out of any damage at properties at Sellers (or 3rd party) premises caused by your removal & loading works of the Equipment;
- you will remove all Sellers branding from the Equipment (including any property tags which may be present on the Equipment) during the removal works; and
- if you decide to dispose of the Equipment (or any part of it), you shall do so in a responsible manner with due consideration to the environment and in accordance with all applicable laws in respect of the disposal of such Equipment.
- You will be responsible for paying any taxes or duties resulting from your purchase of the Equipment.
- Having inspected or made enquiries concerning the Equipment, or having been offered the opportunity to do so, you acknowledge and agree that the Equipment is second-hand and is sold on an "as is, where is basis, and that since the Equipment has been used previously, you must satisfy yourself as to the condition and whether it is of satisfactory quality and fit for your purposes before deciding to acquire the Equipment.
- You shall be deemed to buy the Equipment with full knowledge of the Equipment, its state and condition and no warranty or representation or assurance is given by Seller or implied in relation to the Equipment or its condition, quality or fitness. You expressly accept that all warranties or conditions relating to the Equipment, whether express or implied by statute or otherwise have been satisfied and are expressly excluded to the fullest extent permitted by law.
- Subject to clause 8 below, in no circumstances shall Seller be liable for any losses, damages, liabilities, claims, costs or expenses arising out of or relating to the Equipment in any way whatsoever, whether direct or indirect (including, but not limited to, loss of profits, revenue or goodwill or any type of consequential or special loss or damage) and whether arising through negligence, misrepresentation, breach of any statutory duty, or any condition, warranty or other term (express or implied) of any contract or otherwise.
- Nothing in these Terms and Conditions shall limit the Sellers' liability in respect of any claim for death or personal injury caused by the negligence of Seller, or any other liability to the extent that such liability may not be limited or excluded at law.
- If you sell, hire or otherwise dispose of the Equipment, you shall not make any reference (whether oral or otherwise) to the effect that it was once the property of Seller. In addition, if you sell, lease or otherwise dispose of the Equipment to persons who will be purchasing, hiring or otherwise acquiring the equipment in the course of a trade or business, and if you accept any liability for any damage caused by such Equipment it shall be expressly stated that such liability is only accepted on your own behalf. You will indemnify Seller against any and all losses, liabilities, claims, costs and expenses arising out of any claim brought against Seller in relation to the use of the Equipment from the Removal Date.
- These Terms and Conditions shall be interpreted in all respects in accordance with the law of . The courts of have exclusive jurisdiction to settle any claim, dispute or matter of difference which may arise in any way whatsoever out of or in connection with these Terms and Conditions.
- No person other than a party to these Terms and Conditions or a Sellers group company may enforce any of these Terms under the Contracts (Rights of Third Parties) Act 1999 or otherwise.