ࡱ > 7 9 6 [ " bjbj *, ΐ ΐ 5 5 5 5 5 I I I 8 I j $ & & & & & & $ Z J 5 J 5 5 _ 5 5 $ $ pQv I . u 0 5 J J : EMPLOYEE EQUIPMENT PURCHASE AGREEMENT
THIS AGREEMENT (the "Agreement") is made and entered into as of DATE \@ "dddd, MMMM d, yyyy" Thursday, June 17, 2010.
BY AND BETWEEN:
_____________, (the "Seller"), AND ___________________ (the "Buyer)
1. SALE AND PURCHASE
Subject to the provisions set forth in this Agreement, the Seller agrees to sell to the Buyer, and the Buyer agrees to purchase from the Seller the equipment (the Equipment) specified in Schedule 1.
2. PURCHASE PRICE
2.1 The purchase price (the "Purchase Price") for the Equipment is $2,000. The Purchase Price shall be paid as follows:
(i) 12.5% of the Purchase Price as down payment at the signing of this agreement.
(ii) 12.5% of the Purchase Price ($250) shall be paid on the 1st of each month, but in no event later than 10 days after the 1st of the month. Payments will be received until the full value of the Purchase Price is attained. Approximately 4 months after the down payment.
2.2 In the event the Buyer does not comply with the provisions of subsection 2.1(ii), the Buyer has two weeks after the 15th to reconcile the balance for the month. If the Buyer is not able to reconcile the account 30 days after the 15th of the month payment is due, the Seller shall be entitled to retain the payments according to subsection 2.1(i) as liquidated damages.
2.3 The Buyer also agrees to pay $500 in two payments for the Rimage Everest II Lower Autoloader Arm Unit.
3. TRANSFER OF POSSESSION
3.1 The Seller and the Buyer agree, subject to the fulfillment of the Buyers obligations set forth in Section 2.1 above, that the risk, possession and transfer of full ownership of the Equipment will be effective when the Purchase Price has been paid in full.
3.2 Notwithstanding the above, the Buyer shall carry the risk for all activities in connection with the dismantling of the Equipment performed by its own personnel both as regards any personnel injury as well as any damages caused by its personnel to the Equipment or to any other property.
4. CONDITIONS
4.1 The Buyer unconditionally and irrevocably guarantees and warrants as follows.
(i) The Equipment will be dismantled and removed from the site at the expense of the Seller.
(ii) The Equipment shall be totally dismantled and removed from the site not later than 5 days after the signing of this Agreement.
4.2 All taxes, duties or other costs related to the execution of this Agreement shall be carried by the Buyer and this Agreement shall be null and void without any party incurring any further liabilities towards each other.
5. WARRANTIES
5.1 The Equipment is sold "as is".
5.2 Upon fulfillment of the conditions stated in Section 4.1 4.2 above the Seller guarantees that the Equipment is free from any encumbrance, mortgage, pledge or rights of any third party.
5.3 The Buyer has made an ocular inspection of the Equipment and has been informed and accepted that the Equipment has been used.
5.4 All information regarding the Equipment is from sources deemed reliable, but no warranty or representation is made as to fact, promise, information or the like regarding condition, use or description of the Equipment, unless confirmed explicitly in writing by the Seller in this Agreement.
5.5 The Buyer irrevocably and unconditionally waives any claim the Buyer may have against the Seller due to any deficiency or lack of conformity of the Equipment or any unit or part thereof.
5.6 NO WARRANTY OF ANY KIND IS GIVEN, INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY, FITNESS FOR PURPOSE, OR OTHER WARRANTY OF QUALITY, WHETHER WRITTEN, ORAL, EXPRESS OR IMPLIED; EXCEPT AS CONFIRMED BY THE SELLER IN THIS AGREEMENT.
6. LIMITATION OF LIABILITY AND INDEMNIFICATION
6.1 Subject to the delivery of the Equipment by the Seller to the Buyer in conformity and respect with the terms and conditions set forth in this Agreement, the Seller's liability on any claim of any kind, including, without limitation, negligence, product liability and any other legal theory, for any loss or damage arising out of, connected with, or resulting from this Agreement or from the performance thereof, or from the design, manufacture, sale, delivery, resale, installation, technical direction of installation, inspection, repair, operation or use of any equipment covered by or furnished under this Agreement shall in no case exceed ten (10) percent of the Purchase Price of the Equipment.
6.2 In no event, whether as a result of warranty or alleged negligence, shall the Seller be liable for special, incidental, economic, consequential or personal injury damage, including but not limited to, loss of profits or revenue, whether achieved or projected, loss of use of the Equipment or any associated equipment, cost of capital, cost of substitute equipment, facilities or services, downtime costs, or claims of customers of the Buyer for such damage.
6.3 The Buyer hereby unconditionally and irrevocably agrees to indemnify and hold harmless the Seller, its directors, officers, agents, employees and consultants, and parent, subsidiaries and affiliated companies from and against any and all claims, demands, actions, liabilities, fines, penalties, judgments, costs and expenses of whatever kind brought by any person, whether based on, without limitation, contract, strict liability or statutory liability, including, without limitation, attorneys fees and cost of defense arising out of or related in any way to or arising as a result of the sale of the Equipment.
6.4 If in the event the buyer cannot complete payments on equipment due to sales decrease or any disruption in business and would like to give the equipment back, the equipment shall be returned to EVM, Inc, the previous payments will be considered a rental fee, and all obligations to fulfill this agreement shall be considered cleared.
7. MISCELLANEOUS
7.1 No addition or modification to this Agreement shall be valid unless made in writing and executed by both parties.
7.2 The governing law of this Agreement is United States law, without application of the conflict of law principles.
IN WITNESS WHEREOF, the Parties hereto have executed and delivered this Agreement as of the first date written above. Note that this agreement must be signed by an officer of the Buyer and the Seller to be valid.
_________________(the Buyer):
Name:______________________________________ Date:____________________
_________________ (the Seller):
Name:______________________________________ Date:____________________
Schedule 1
The Equipment listed in the adjoining contract is as follows:
Titan Pro Robotic Autoloader DVD Duplicator - DUP8023210
- Also -
Rimage Everest II Lower Autoloader Arm Unit
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