Business Equipment Used Form

BUSINESS EQUIPMENT USED FORM

Parties

Recitals

WHEREAS, Owner represents that it is the lawful owner of the used business equipment described in Section "Equipment Details" and has full authority to transfer possession or control of such equipment to Recipient under the terms of this Agreement;

WHEREAS, Recipient seeks to receive and use the equipment for business purposes and agrees to the payment, use, maintenance, inspection, and liability provisions set forth below; and

WHEREAS, the parties intend this document to memorialize the condition, allocation of risk, payment terms, and obligations with respect to the used equipment effective as of Effective Date: .

Scope of Use

The equipment described below shall be used by Recipient solely for the business purposes identified in this section and not for malicious, illegal, or non-commercial activity. Recipient shall operate, maintain, and store the equipment in a commercially reasonable manner consistent with manufacturer recommendations, if available, and industry custom.

Equipment Details

The parties agree the used equipment covered by this form consists of the following items. Additional sheets may be attached and incorporated by reference. For each item, state description, make/model, serial number (if available), year, quantity, condition, and agreed price.

If additional items are included beyond those listed above, attach an itemized schedule labeled "Exhibit A" and initial each page.

Payment Terms

The Recipient shall pay the Owner the total purchase or consideration amount set forth below and according to the schedule below. All amounts are in U.S. dollars unless otherwise stated. Unless otherwise indicated, payments shall be made to Owner at the address set forth above or as otherwise instructed in writing.

Payments not received when due shall incur the late fee specified above and interest at the maximum rate permitted by law on any unpaid balance. Recipient is responsible for any collection costs, including reasonable attorneys' fees, incurred by Owner to collect overdue amounts.

Term and Termination

This Agreement commences on Start Date: and, unless earlier terminated pursuant to its terms, ends on End Date: .

Either party may terminate for material breach if the breaching party fails to cure within the notice period above following written notice. Upon termination, Recipient shall return or make available the equipment for collection in the condition required by this Agreement, subject to ordinary wear and tear.

Condition; Warranties; As-Is

Owner discloses the condition of the equipment as described in the item entries above. Unless a separate written warranty is attached and signed by Owner, Recipient accepts the equipment "AS-IS," with all faults and without any express or implied warranties of merchantability, fitness for a particular purpose, or non-infringement, except to the extent that state law requires otherwise and cannot be disclaimed. Recipient acknowledges the opportunity to inspect the equipment prior to acceptance.

Confidentiality

Each party will keep confidential and not disclose to third parties any non-public business, technical, or financial information of the other party learned in connection with this Agreement, except (a) to the extent necessary to perform obligations hereunder, (b) as required by law or valid subpoena so long as the disclosing party provides prompt notice to the other party, or (c) information that is or becomes generally available to the public through no fault of the receiving party.

Indemnification and Liability

Recipient shall indemnify, defend, and hold harmless Owner from and against any claims, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of Recipient's possession, use, or operation of the equipment, except to the extent such losses are caused by Owner's gross negligence or willful misconduct. Neither party will be liable for consequential damages except where prohibited by applicable law.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of , without regard to that state's conflict of law rules.

Entire Agreement

This form, together with any attached exhibits or itemized schedules, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, whether written or oral. Any amendment or modification must be in writing and signed by both parties.

Certifications

By signing below, each signatory certifies that they have authority to bind the party on whose behalf they sign, that all information provided in this form is true and complete to the best of their knowledge, and that they accept the terms, conditions, and allocations of risk set forth in this Agreement.

Sign Now