Sales Terms
1. THE EQUIPMENT IS SOLD "AS IS, WHERE IS". The SELLER makes no warranties or representations (express, implied or otherwise) regarding merchantability, fitness for particular purpose, use, operation, or quality of the EQUIPMENT. The BUYER does hereby assume and does agree to indemnify and hold the SELLER harmless from any future claim, which shall pertain to the fitness or use of the EQUIPMENT. Bidders are strongly encouraged to inspect the EQUIPMENT before bidding.
2. EXW PRICING. The EQUIPMENT is priced and sold on EXW basis. The BUYER is responsible for any taxes, duties or other charges in any country, and the invoice price shall be paid in full without any deduction. The SELLER’s VAT rate is 0%.
3. ADDITIONS. The SELLER may add any additional sales terms prior to closing of the sale.
4. RIGHT TO REJECT. The SELLER reserves the right to reject any bid.
5. RIGHT TO WITHDRAW. The SELLER reserves the right to withdraw the EQUIPMENT from sales process at any time before the actual sale.
6. EXW SHIPMENT. The EQUIPMENT is shipped on EXW basis. The BUYER is responsible for arranging transportation, including the loading of the EQUIPMENT at the SELLER’s premises. At the same time, the SELLER will assist the BUYER in arranging the local transportation and customs brokerage services should the BUYER ask for such assistance.
7. PAYMENT DEADLINE. Payment is due within 3 bank business days after receipt of invoice.
8. BUYER’S COMPLIANCE WITH SAFETY REGULATIONS. The BUYER expressly acknowledges and agrees that throughout the picking up of the EQUIPMENT at the SELLER’s premises, the BUYER and the BUYER’s representatives shall comply with all health and safety, environmental and other applicable laws, rules, and regulations.
9. INDEMNIFICATION. The BUYER agrees to indemnify, defend, and hold harmless the SELLER, its employees, independent contractors, and other representatives, from and against any and all losses, liabilities, assessments, claims, damages or expenses (including, without limitation, reasonable attorneys' fees, court costs, penalties, charges and amounts paid in settlement thereof) arising from or related to the purchase and sale of the EQUIPMENT and/or any personal injury or death or any damage to property caused, in whole or in part, by the BUYER or the BUYER’s representatives.
10. FORCE-MAJEURE. The SELLER shall not be liable for full or partial non-performance of its obligations, should such non-performance result from floods, fire, earthquake and other natural disasters or hostilities arising after conclusion of the sale, or should the performance thereof be prohibited by the government authorities. Should any of such circumstances directly affect the performance by the SELLER of any obligation within the time period stipulated in the sales agreement, such time period will be extended for the duration of such circumstance.