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Used Equipment "As Is" Purchasing Agreement Statement:
All used equipment is sold "As Is" with payment terms of payment prior to loading equipment on truck. The following terms and conditions apply to all sales agreements on used equipment:
NOTWITHSTANDING ANY REPRESENTATION, WARRANTY, OR COVENANT OF SELLER CONTAINED IN THIS AGREEMENT OR ANY INSTRUMENT DELIVERED PURSUANT HERETO; NO REPRESENTATION, WARRANTY OR COVENANT OF SELLER SHALL APPLY TO THIS TRANSACTION, EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT.
EXCEPT FOR THOSE REPRESENTATIONS AND WARRANTIES OF SELLER EXPRESSLY SET FORTH IN THIS AGREEMENT, SELLER IS NOT MAKING, AND HAS NOT AT ANY TIME MADE, DIRECTLY OR INDIRECTLY, ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND OR CHARACTER, EXPRESSED OR IMPLIED, WITH RESPECT TO THE PROPERTY OR EQUIPMENT BEING PROVIDED (THE "PURCHASED EQUIPMENT"), INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OR REPRESENTATIONS AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER MATTER OR THING REGARDING THE PURCHASED EQUIPMENT, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN. IN ACQUIRING THE PURCHASED EQUIPMENT, PURCHASER ACCEPTS THE EQUIPMENT "AS IS, WHERE IS, WITH ALL FAULTS." PURCHASER HAS NOT RELIED UPON AND WILL NOT RELY UPON, EITHER DIRECTLY OR INDIRECTLY, ANY REPRESENTATION OR WARRANTY MADE BY OR ON BEHALF OF SELLER OR ANY REPRESENTATIVE OF SELLER WITH RESPECT TO THE PURCHASED EQUIPMENT, SAVE AND EXCEPT THOSE REPRESENTATIONS AND WARRANTIES OF SELLER EXPRESSLY SET FORTH IN THIS AGREEMENT. PURCHASER HAS CONDUCTED SUCH INVESTIGATIONS AND INSPECTIONS OF THE PURCHASED EQUIPMENT AS PURCHASER DEEMS NECESSARY TO SATISFY THEMSELVES AS TO THE CONDITION OF THE PURCHASED EQUIPMENT AND WILL RELY SOLELY UPON SAME AND NOT UPON ANY INFORMATION PROVIDED BY OR ON BEHALF OF SELLER OR ANY REPRESENTATIVE OF SELLER. PURCHASER ASSUMES THE RISK THAT ADVERSE MATTERS, INCLUDING BUT NOT LIMITED TO, CONSTRUCTION DEFECTS, WEAR AND TEAR, DAMAGE TO THE EQUIPMENT AND OTHER ADVERSE PHYSICAL CONDITIONS, MAY NOT HAVE BEEN REVEALED BY PURCHASER’S INVESTIGATIONS.
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