Common use of Acknowledgement and Warranty Clause in Contracts

Acknowledgement and Warranty. A. Purchaser agrees to use Asset, including parts thereof, in a manner or for the purpose originally intended or prescribed and in such a manner in which the Asset is commonly used, or to resell the Asset for such use. It is agreed that the Asset is not sold to the Purchaser for purposes of disposal, abandonment, burning, incineration, recycling or for accumulation or treatment for such disposal, abandonment, burning, incineration, or recycling. Purchaser acknowledges that it has had an opportunity to inspect the Asset and is satisfied with its present condition. B. SELLER WARRANTS THAT AT THE TIME OF DELIVERY TO PURCHASER THE ASSET WILL BE DELIVERED WITHOUT ANY LIENS OR ENCUMBRANCES. SELLER MAKES NO OTHER WARRANTY OF ANY KIND REGARDING THE ASSET. THE ASSET IS USED AND IS SOLD ON AN “AS-IS” “WHERE-IS” BASIS AND SELLER WILL NOT PROVIDE ANY DOCUMENTATION, MISSING PARTS, SUPPORT, ASSISTANCE, TRAINING, OR OTHER SERVICES. SELLER SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WHETHER OR NOT SELLER HAD REASON TO KNOW OF ANY SUCH PURPOSE, AND ANY WARRANTY AGAINST INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT OF A THIRD PARTY. C. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SELLER OR AN AUTHORIZED REPRESENTATIVE WILL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. PURCHASER ACCEPTS THE RISKS OF USE AND SUCH RISKS FALL SOLELY ON PURCHASER.

Acknowledgement and Warranty. A. Purchaser agrees to use Asset, including parts thereof, in a manner or for the purpose originally intended or prescribed and in such a manner in which the Asset is commonly used, or to resell the Asset for such use. It is agreed that the Asset is not sold to the Purchaser for purposes of disposal, abandonment, burning, incineration, recycling or for accumulation or treatment for such disposal, abandonment, burning, incineration, or recycling. Purchaser acknowledges that it has had an opportunity to inspect the Asset and is satisfied with its present condition. B. SELLER WARRANTS THAT AT THE TIME OF DELIVERY TO PURCHASER THE ASSET WILL BE DELIVERED WITHOUT ANY LIENS OR ENCUMBRANCES. SELLER ▇▇▇▇▇▇ MAKES NO OTHER WARRANTY OF ANY KIND REGARDING THE ASSET. THE ASSET IS USED AND IS SOLD ON AN “AS-IS” “WHERE-IS” BASIS AND SELLER WILL NOT PROVIDE ANY DOCUMENTATION, MISSING PARTS, SUPPORT, ASSISTANCE, TRAINING, OR OTHER SERVICES. SELLER SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WHETHER OR NOT SELLER HAD REASON TO KNOW OF ANY SUCH PURPOSE, AND ANY WARRANTY AGAINST INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT OF A THIRD PARTY. C. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SELLER OR AN AUTHORIZED REPRESENTATIVE WILL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. PURCHASER ACCEPTS THE RISKS OF USE AND SUCH RISKS FALL SOLELY ON PURCHASER.