Upon receipt by Seller of the Total Due set forth above in accordance with the terms hereof, Seller does hereby sell, transfer and convey to Buyer the above described personal property. By remittance of its payment of the Total Due, Buyer hereby acknowledges receipt and acceptance of the above-described equipment pursuant to the terms of this Invoice.
THE EQUIPMENT IS CONVEYED ON AN “AS-IS, WHERE-IS” BASIS WITH ALL FAULTS. SELLER MAKES AND BUYER ACKNOWLEDGES THAT SELLER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND OR NATURE EXCEPT THAT (1) BUYER WILL ACQUIRE BY THE TERMS OF THIS INVOICE GOOD TITLE TO THE EQUIPMENT FREE FROM ALL ENCUMBRANCES CREATED BY SELLER AND (2) SELLER HAS THE RIGHT TO SELL THE EQUIPMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SELLER MAKES NO WARRANTIES WITH RESPECT TO THE QUALITY, CONTENT, CONDITION, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE EQUIPMENT AND NO WARRANTIES AGAINST PATENT INFRINGEMENT OR THE LIKE.
Buyer agrees that it shall indemnify, save and hold harmless Seller from and against any and all federal, state, county, municipal and local or similar governmental license fees and taxes, including without limitation, personal property, , sales and excise taxes, and from and against any and all liabilities, obligations, losses, damages, penalties, claims, actions and suits resulting therefrom and imposed upon, incurred by or asserted as a consequence of, the sale of the Equipment to, or the ownership, possession, operation or use of the Equipment by, Buyer.
Buyer acknowledges that the items sold hereunder are used, that Seller is or was the lessor, or secured lender, thereof and did not use, maintain or have operational control of the Equipment , and that Seller is neither a manufacturer nor distributor, nor dealer or merchant in, said items. Buyer acknowledges that it has either examined the Equipment or has been given the opportunity to but declined to do so, and that Buyer has not relied and is not relying on any representation or statement of condition of the Equipment made by Seller in connection with Buyer’s purchase of the Equipment.
If the collateral securing the above-referenced account does not secure any other account(s) that you have with HYG Financial Services, then Certified funds (wire transfer, bank or certified check) are required if you would like to have any liens/titles released within a commercially reasonable time. Providing that any and all amounts paid have been recognized as good and available funds, liens/titles will be released thirty days after receipt of your company check.
Anti-Money Laundering: To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify and record information that identifies each person who enters into a transaction with us. What this means for you is that when a transaction contemplated hereunder is consummated, we will ask for your name, address, and other information that will allow us to identify your identity. We may also ask to see identifying documents.
Acceptable Forms of Payments: We will accept payment in the form of company checks, (or personal check in the case of sole proprietorships), direct debit, or wires only. Cash, money orders, cashier’s checks, traveler’s checks and other cash equivalents are not acceptable forms of payment and such forms of payment may delay processing or be returned; provided that we may elect to accept a bank check, cashier’s check or certified check for payment involving the settlement of an account or the release of a lien or title if we can validate the source of payment to our satisfaction. Furthermore, only you or your authorized agent as approved may remit payments on these accounts.
Disputed Payments: Without prejudice to any of our rights and remedies under your contract with us, all written communication concerning disputed amounts, including any check or other payment instrument that (a) indicates that the written payment constitutes “payment in full” or is tendered as full satisfaction of a disputed amount or (b) is tendered with other conditions or limitation must be mailed or delivered to us at the correspondence only address and not to the payment address.