Buyer fully agrees to all the following conditions of Warranty and Indemnity without exceptions, including any and all terms and conditions as listed as follows, when Buyer's payment, whether full or partial, is sent to and received by Seller, MAC Material Acquisition Co.
Warranty. New equipment includes the Manufacturer's Warranty only.
SELLER (MAC Material Acquisition Co) and Buyer agree that all Used Equipment to be sold by SELLER to Buyer Agreement is sold on an "AS IS, WHERE IS, WITH ALL FAULTS" ON A FIRST COME FIRST SERVE BASIS. IT IS STRONGLY RECOMMENDED THAT BUYER INSPECT EQUIPMENT AND DEEM THAT EQUIPMENT SUITS BUYER'S PURPOSE. SELLER MAKES NO REPRESENTATION OR WARRANTY, STATUTORY, EXPRESS OR IMPLIED WITH RESPECT TO THE USED OR NEW EQUIPMENT INCLUDING MAKING NO WARRANTY THAT THE USED OR NEW EQUIPMENT WILL BE MERCHANTABLE OR FIT FOR ANY PARTICULAR PURPOSE. THE ONLY WARRANTY OR REPRESENTATION MADE BY SELLER IS A WARRANTY THAT SELLER IS THE OWNER OF THE USED EQUIPMENT. Buyer assumes all risks and liability whatsoever resulting from the possession, use or disposition of the Used Equipment. SELLER will have no liability with respect to the Used or New Equipment sold to Buyer, including having no liability for indirect, incidental or consequential damages.
Indemnity. Buyer indemnifies SELLER and holds SELLER harmless against all liability or loss of all persons for injury, sickness, and/or death and for property damage caused by the Used or New Equipment or by hazardous chemicals or other hazardous material on or in them, after purchase of equipment as is, where is, or delivery by SELLER and/or upon the commencement by Buyer of the Dismantling/Rigging/Freighting.
BUYER ACCEPTS ALL LIABILITY OF SAID EQUIPMENT.