THIS CONTRACT BETWEEN THE PARTIES REFERS TO:
AUCTION,CLASSIFIED or TENDER ITEM NUMBER
#________________________
ENGINEER OR CONDITION REPORT ITEM NUMBER#______(same as above for
reference)______
With respect to:
A) the HIGHEST winning AUCTION BID;
B) the LOWEST winning TENDER OFFER;
C) the agreed winning CLASSIFIED PRIVATE SALE.
For value of______(AUCTION BID or CLASSIFIEDS PRIVATE SALE or
TENDER OFFER)
____________________________________________________________________received,
the undersigned seller, _______(name)________________________
_______(user name)_____________________
_______(e-mail address)_________________
(of)____ (contact address + Phone number)_____
sells and transfers
to the
undersigned buyer _______(name)________________________
_______(user name)_____________________
_______(e-mail address)_________________
(of)____ (contact address + Phone number)_____
of the vehicle or merchandise described herein.
Seller warrants that:
(1) The Vehicle or merchandise (Item number above)is accurately
described
in the ENGINEER REPORT or CONDITION REPORT(Item number above).All
other warranties or conditions express or implied by law or otherwise are hereby expressly
excluded.
(2) seller is the sole owner of the vehicle;
(3) such vehicle is free of all encumbrances, security interests,
and other defenses against seller;
(4) the vehicle has been delivered to and accepted by buyer;
(5) seller was of legal age and legally competent to execute the
contract on the date thereof;
(6) all disclosures to buyer and other matters in connection with
such transaction, are in all respects as required by, and in accordance with, all
applicable laws and regulations governing them. This Agreement shall be governed by, and
construed in accordance with, the laws of the local governing body.
.............................................
A)CLAIMS:
Any claims in respect of the vehicle or merchandise alleging any
failure to comply with the description in the ENGINEER REPORT or CONDITION REPORT or
otherwise howsoever shall be deemed to be waived unless notified to the seller within 48
hours of delivery.
B)In the case where the buyer refuses to take delivery of the
vehicle or merchandise ____(item # and REPORT # above)___in circumstances where conditions
have been complied with in relation to the vehicle or merchandise. The buyer shall pay to
the seller costs of carriage, transportation insurance, customs where applicable.
C)The seller shall not be liable to the buyer for any delays in
or failure of performance due to causes beyond its control, including, without limitation,
Acts of God, fire, flood,earthquake,war,insurrections, civil commotion, labour
difficulties, embargo, military or government restrictions, prohibitions, quotas,other
controls.
Dated: _________________________
_________________________________ Seller
_________________________________ Buyer
NOTICE:
Due to the variances of many local, city, county and state laws,
we recommend that you seek professional legal counseling before entering into any contract
or agreement based on this form.
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