Sales Terms

• All items are sold as is where is – No Warranties No Guarantee’s • Buyers must make payment within 48 hours of receiving their invoice. • Buyer must arrange logistics within 10 days once payment has been made. • Seller will sign and acknowledge of equipment being released to buyer. • If equipment is not picked up within the timeframe set by the seller, Buyer will forfeit all goods and monies. Warranty Disclaimer; As-Is/Where-Is Basis; No Representations or Warranties. EXCEPT AS EXPRESSLY SET FORTH HEREIN, PURCHASER WARRANTS AND ACKNOWLEDGES TO SELLER THAT PURCHASER IS PURCHASING THE PERSONAL PROPERTY ON AN “AS IS, WHERE IS” AND “WITH ALL FAULTS, DEFECTS AND DEPRECIATION” BASIS AS OF THE DATE HEREOF AND SPECIFICALLY AND EXPRESSLY WITHOUT WARRANTIES, REPRESENTATIONS, COVENANTS OR GUARANTEES, EITHER EXPRESS OR IMPLIED, OF ANY TYPE AS TO CONDITION, FITNESS FOR ANY PARTICULAR PURPOSE, MERCHANTABILITY, OR ANY OTHER WARRANTY, REPRESENTATION, COVENANT OR GUARANTY OF ANY TYPE WHATSOEVER FROM OR ON BEHALF OF SELLER. EXCEPT AS EXPRESSLY SET FORTH HEREIN, SELLER SPECIFICALLY DISCLAIMS ANY, AND MAKES NO, WARRANTY, GUARANTY, COVENANT OR REPRESENTATION CONCERNING: (A) THE VALUE, NATURE, FUNCTIONALITY, OPERATIONAL CONDITION, QUALITY OR CONDITION OF THE PERSONAL PROPERTY; (B) THE INCOME TO BE DERIVED FROM THE PERSONAL PROPERTY; (C) THE SUITABILITY OF THE PERSONAL PROPERTY FOR ANY AND ALL ACTIVITIES AND USES THAT THE PURCHASER MAY CONDUCT THEREWITH; (D) THE COMPLIANCE OF OR BY THE PERSONAL PROPERTY OR THE OPERATION THEREOF WITH LAWS, RULES, ORDINANCES OR REGULATIONS OF ANY APPLICABLE GOVERNMENTAL AUTHORITY; (E) THE MERCHANTABILITY, MARKETABILITY, PROFITABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE PERSONAL PROPERTY; (F) THE MANNER, QUALITY, STATE OF REPAIR OR LACK OF REPAIR OF THE PERSONAL PROPERTY; (G) THE PRESENCE OR ABSENCE OF HAZARDOUS MATERIALS IN, WITHIN, ON OR UPON THE PERSONAL PROPERTY OR ANY OTHER ENVIRONMENTAL MATTER OR CONDITION OF THE PERSONAL PROPERTY; (H) NON-INFRINGEMENT BY THE PERSONAL PROPERTY OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; OR (I) ANY OTHER MATTER WITH RESPECT TO THE PERSONAL PROPERTY. PURCHASER ACKNOWLEDGES THAT ANY INFORMATION PROVIDED BY OR ON BEHALF OF SELLER WITH RESPECT TO THE PERSONAL PROPERTY WAS OBTAINED FROM A VARIETY OF SOURCES AND THAT SELLER HAS NOT MADE ANY INDEPENDENT INVESTIGATION OR VERIFICATION OF SUCH INFORMATION AND MAKES NO REPRESENTATION AS TO THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION. SELLER IS NOT LIABLE OR BOUND IN ANY MANNER BY ANY ORAL OR WRITTEN STATEMENT, REPRESENTATION OR INFORMATION PERTAINING TO THE PERSONAL PROPERTY, OR THE OPERATION THEREOF, FURNISHED BY ANY BROKER, OR ANY AGENT, EMPLOYEE, SERVANT OR OTHER PERSON EXCEPT AS EXPRESSLY SET FORTH HEREIN. PURCHASER FURTHER ACKNOWLEDGES THAT PURCHASER IS A SOPHISTICATED AND EXPERIENCED PURCHASER OF PERSONAL PROPERTY SUCH AS THE PERSONAL PROPERTY, AND HAS BEEN DULY REPRESENTED BY COUNSEL IN CONNECTION WITH THE NEGOTIATION OF THIS BILL OF SALE. SELLER HAS MADE NO AGREEMENT TO ALTER, MODIFY OR IMPROVE THE PERSONAL PROPERTY OR ANY PORTION THEREOF. Governing Law; Jurisdiction; Venue. THIS BILL OF SALE SHALL BE DEEMED TO HAVE BEEN MADE IN THE STATE OF ILLINOIS, AND SHALL BE CONSTRUED ACCORDING TO THE LAWS OF THAT STATE, WITHOUT REGARD TO CONFLICT OF LAW PRINCIPLES. THE PARTIES IRREVOCABLY ACCEPT AND CONSENT, WAIVE ANY OBJECTION AND AGREE TO, THE SOLE EXCLUSIVE JURISDICTION AND PROPRIETY AND CONVENIENCE OF VENUE AND FORUM OF ANY COURT WITH GENERAL OR APPROPRIATE JURISDICTION LOCATED WITHIN THE COUNTIES OF COOK OR LAKE IN THE STATE OF ILLINOIS WITH RESPECT TO ALL PROCEEDINGS ARISING DIRECTLY OR INDIRECTLY OUT OF OR RELATED TO THIS BILL OF SALE. THE PARTIES SHALL BRING ANY PROCEEDING ARISING DIRECTLY OR INDIRECTLY OUT OF OR RELATED TO THIS BILL OF SALE EXCLUSIVELY AND ONLY IN THE FEDERAL OR STATE COURTS WITH GENERAL OR APPROPRIATE JURISDICTION LOCATED IN THE COUNTIES OF COOK OR LAKE IN THE STATE OF ILLINOIS WHICH SHALL HAVE SOLE AND EXCLUSIVE JURISDICTION THEREOVER. IN THE EVENT EITHER PARTY INSTITUTES ANY PROCEEDING IN ANY COURT OTHER THAN THOSE SPECIFIED ABOVE, THAT PARTY SHALL ASSUME ALL OF THE COSTS OF THE OTHER PARTY IN CONNECTION THEREWITH AND WITH THE REMOVAL OR TRANSFER THEREOF TO A FEDERAL OR STATE COURT LOCATED IN THE COUNTIES OF COOK OR LAKE IN THE STATE OF ILLINOIS, INCLUDING, BUT NOT LIMITED TO, ALL LEGAL AND PARALEGALS’ FEES, ON A FULL INDEMNITY BASIS.