Justin BD&L | printing process lithography

THIS AGREEMENT is made and shall be considered effective as of the __ day ______ of 2008, Between Justin BD&L, Inc. (hereinafter referred to as "JUSTIN BD&L"), and ____________ (hereinafter referred to as "Customer"). All sales shall be subject to the terms of the Surplus Equipment Agreement.
Customer - Customer wishes to purchase from JUSTIN BD&L the surplus/used equipement identified hereinbelow.
Products - Any reference to "Products" herein shall be construed to mean the goods and services identified in Sales.



Inspection
 -  Customer is invited and urged to inspect the products to be bid and sold prior to submitting Customer's bid. All products will be available for inspection arranged by JUSTIN BD&L. Contact JUSTIN BD&L for scheduling. In no event will failure to inspect products later constitute grounds for withdrawal of a bid or for any claim against JUSTIN BD&L.

Acceptance
 -  The terms and conditions contained herein are the complete and exclusive statement of the terms of any sale. Customer's signature below confirms Customer's assent to these terms and conditions. No addition to or modification of any of these terms and conditions will be effective unless agreed to in writing by JUSTIN BD&L. Any terms and conditions submitted on documents supplied by Customer shall deemed to be non-conforming and may be used at JUSTIN BD&L's option to disqualify Customer's bid. If JUSTIN BD&L accepts a bid, then only those terms which conform and are consistent with this document will be deemed accepted.

WARRANTIES
 -  ALL PRODUCTS IS SOLD ON AN "AS IS - WHERE IS" BASIS WITH ALL FAULTS, LATENT AND PATENT JUSTIN BD&L MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE NATURE, QUALITY OR CONDITION OF THE PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, OR OTHERWISE,UNLESS JUSTIN BD&L INFORMS CUSTOMER OTHERWISE IN WRITING. JUSTIN BD&L shall have no responsibility for shipping, installation, warranty, maintenance, engineering changes or technical support of the products purchased hereunder, unless JUSTIN BD&L informs Customer otherwise in writing.

Consideration of bids
 -  JUSTIN BD&L reserves the right to reject any and all bids at any time for any reason or no reason. JUSTIN BD&L may withdraw any or all items offered for bid up until the time a notification bid is made.

Notification of bid
 -  Should JUSTIN BD&L accept Customer's offer, JUSTIN BD&L will notify Customer in writing within three (3) calendar days after the Bid Closing Date by issuing a Notification Letter/Fax/e-mail. A binding contract shall not exist between Customer and JUSTIN BD&L unless and until Customer receives the Notification Letter/Fax/e-mail and a fully executed copy of this agreement, and JUSTIN BD&L has received satisfactory payment from Customer within the time period identified below.

Prices and payment
 -  The purchase price for the products will be as set forth in the Notification Letter/Fax/e-mail and this agreement. Such price does not include any applicable taxes, shipping or handling charges. All such taxes and charges incurred are Customer's responsibility. Payment must be in the form of wire transfer only. Customer shall make satisfactory payment within such three (3) business days after the date of the Notification Letter/Fax/e-mail. Failure to make satisfactory payment within said time period may result in rejection of Customer's bid, at JUSTIN BD&L's option. In no event will shipment occur prior to payment. The terms and conditions of any sale are as stated in this agreement.

Force majeure
 -  JUSTIN BD&L shall not be liable for any delay in its performance obligations due to (a) fires, floods, strikes, or other labor disputes, accidents to machinery, acts of sabotage, riots, precedence or priorities granted at the request or for the benefit, directly or indirectly, of the government of Republic of Korea or any subdivision or agency thereof, delays in transportation facilities, restrictions imposed by federal or state legislation or rules or regulations thereunder; or (b) any cause beyond its reasonable control.

Title
 -  Title to products sold hereunder shall vest in Customer as and when full and satisfactory payment is made and upon JUSTIN BD&L's counter-signing this agreement. Risk of loss or damage to products passes to Customer upon receipt by Customer or Customer's carrier at loading location or when Customer or Customer's agent begins the disassembly and removal of the products from the loading location, whichever occurs first.

Permits and authorizations required by law
 -  Customer represents that Customer possesses all the necessary permits and authorizations required to disassemble, remove, transport, resell or otherwise properly dispose of the products being acquired. Customer agrees to comply with all applicable laws of Republic of Korea regulations and ordinances.

Indemnification
 -  Customer agrees to indemnify JUSTIN BD&L against any and all claims for damages, including costs and attorney's fees, for personal injury (including death), and loss or destruction or damage to real or tangible personal products arising from Customer's acts, omissions or misrepresentations, regardless of the form of action brough t against JUSTIN BD&L.

Infringement of patents
 -  The purchase of products does not convey by implication or otherwise any licenses under any patent, domestic or foreign. JUSTIN BD&L makes no representation or warranty that the use of any material, equipment or technical information furnished hereunder will not infringe any patent, trademark, copyright, trade secret, or other proprietary interests of any third party, and it shall be Customer's sole responsibility to make such determination as is necessary with respect to other rights of third parties. JUSTIN BD&L shall not be held to any liability with respect to any claim made by any third party on account of, or arising from, the use of such material, equipment, or technical information. Customer agrees to indemnify and save harmless JUSTIN BD&L from any and all costs, expenses, liabilities, and claims for infringement of any patents or similar instruments or any trademarks, copyrights, trade secrets, or other proprietary interests in any foreign country or in the Republic of Korea.

Software
 -  This is a sale of hardware items only and does not include a sale or license of program code (software) in any form, regardless of whether such software has been packaged with, integrated into or otherwise included with the item(s). Any so ftware included with the item may be the products of a third party. Customer agrees to destroy all such software or to obtain an appropriate license for its continued use.

Limitation of JUSTIN BD&L's liability
 -  JUSTIN BD&L's entire liability and Customer's exclusive remedy are set forth in this section. Under no circumstances shall JUSTIN BD&L be liable to Customer for any lost revenue, lost profits or other possibility of such damages. In addition, in no event will JUSTIN BD&L be liable on any third party claim or for damages caused by Customer's failure to perform Customer's responsibilities. In no event will JUSTIN BD&L be liable to Customer for actual damages in excess of the amount paid by Customer for products under this agreement. These limitations apply, regardless of the form of action, whether in contract or in tort, including negligence.

Waiver
 -  Any failure of JUSTIN BD&L to enforce at any time, or for any period of time, any of the provisions of this Agreement shall not constitute a waiver of such provision nor of JUSTIN BD&L's right to enforce each and every provision.

General
 -  If any section or subsection of this contract is found by competent judicial authority to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of any such section or subsection in every other respect and the remainder of this contract shall continue in effect so long as the redacted contract still expresses the intent of the parties. If the intent of the parties cannot be preserved, this contract shall be either renegotiated or terminated.

Safety and Environment
 -  To the extent that any goods sold to Customer hereunder contain any hazardous or toxic containment, Customer will take all steps necessary to properly and adequately warn, educate, train, and supervise its employees, agents, and any other thirdparties who come into contact with the goods (including, but not limited to, Customer's successors and assigns), regarding the possible presence of hazardous or toxic residue in and on the goods, and the need to take special handling or cautions prior to transporting, using, disposing, or otherwise handling the equipment.

Export
 -  Some material(s) included in this sale may be a controlled commodity and require a validated export license issued by Korea Customs Service prior to the export of such commodities from Korea. As a condition of sale, Customer will abide by all Korea Export/Re-export Administration regulations, including export license whenever applicable. Customer acknowledges awareness of such regulations and agree to become familiar with them prior to exporting any products from Korea.

Gifts
 -  Customer shall not make or offer a gratuity or gift of any kind to JUSTIN BD&L employees or their families that could be viewed as relating to an actual or potential business relationship with JUSTIN BD&L. Gifts include entertainment, personal services, favors, discounts, and other preferential treatment of any kind. JUSTIN BD&L will interpret such action as an imprope r attempt to influence JUSTIN BD&L employees, which will jeopardize JUSTIN BD&L's business relationship with Customer.

Sole agreement
 -  This request for bid with all attachments embodies the unders tanding of the parties with respect to any bid for or sale of the products and supersede all previous communications, representations or understandings, either written or oral, between the parties. It is expressly understood that there has been made to Customer no other inducement to enter into a contract with JUSTIN BD&L.




Customer shall purchase from JUSTIN BD&L the surplus/used equipment identified below.

No. Description Model Serial No. Quantity Manufacturer Unit Price Amount
               
               
               
               
               


THIS AGREEMENT has been signed by the duly-authorized representative of the parties (or their designees) in two identical copies of which each party has taken one.

CUSTOMER (COMPANY NAME )
ADDRESS :  _____________________________________________________
AUTHORIZED SIGNATURE :  _____________________________________________________
PRINTED NAME :  _____________________________________________________
TITLE :  _____________________________________________________
DATE :  _____________________________________________________
JUSTIN BD&L, INC.
ADDRESS :  _____________________________________________________
AUTHORIZED SIGNATURE :  _____________________________________________________
PRINTED NAME :  _____________________________________________________
TITLE :  _____________________________________________________
DATE :  _____________________________________________________

Legal Notice
All Contents Copyright (c) 2000-2017, Justin BD&L, Inc.
For questions or comments send e-mail to infojustinbdnl.com
Last updated : Nov 2017