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Hitachi S4500 Scanning Electron Microscope

Fixed Date Private Treaty,

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By order of a world class electronics & semiconductor manufacturer
Private treaty sale of Hitachi S4500 scanning electron microscope.
Featuring:
Hitachi S4500 Scanning Electron Microscope, including following components:

Operator Console                                 EDX Host
TMP Controller                                     EDX Computer 
Sample Stage Controller                       EDX Computer Monitor
Adapter                                               EDX Controller 
Power Supply                               
3pcs Vacuum Pump
TMP Computer
TMP Computer Monitor
Mainframe Computer
Mainframe Computer Monitor
Maintenance Support
Working Table

Notice to purchasers:
Buyers premium: 16%
VAT/Tax: 4%
Inspection details: Strictly by appointment.
Payment type: Wire Transfer, 银行转账
Additional notes:
- Applicable FX rate for this sale is 1USD = 6.12RMB.
- Seller and GoIndustry DoveBid reserve the right to reject any registrant that is in the "black list" and not qualified for this event.
- Seller and GoIndustry DoveBid also reserve the right not to accept any offer, including the highest bid, before or after the event.
- All assets are second-hand and sold on "As is, Where is" basis with all faults and without recourse.
- A deposit of RMB5,000.00 is needed prior to submit offers. Please refer to the attached Deposit Policy.
- Equipment removal date: Before April 22th 2014.
- Rigging, packing, loading and shipping are at buyer's sole expense.
Currency: United States Dollars
Sales agent: GoIndustry-DoveBid (Shanghai) Co. Ltd


Specific sale terms & conditions:

                                TERMS AND CONDITIONS OF SALE

As Is

1.  ALL ASSETS ARE SOLD AS IS, WHERE IS AND WITH ALL FAULTS. ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING THOSE AS TO THE NATURE, QUALITY, QUANTITY, VALUE OR CONDITION OF ANY ASSET, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE HEREBY EXCLUDED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. The Buyer acknowledges that any software or intellectual property rights attaching to an asset or assets may not be the property of the Seller or capable of transfer by the Seller. Neither the Seller nor GoIndustry DoveBid is in any way authorising the use by the Buyer of such software or intellectual property rights and any use of such software or exploitation of such intellectual property rights shall be at the Buyer's sole risk. 

2.Illustrations, pictures or videos posted on GoIndustry DoveBid’s website or otherwise provided by the Seller or GoIndustry DoveBid are for the convenience of the Buyers only.  GoIndustry DoveBid has used its reasonable endeavours to ensure that the description of each asset(s) appearing on the Site is accurate, but the Buyer relies upon such description at its own risk. Buyers should satisfy themselves prior to the sale as to the condition of the asset and should exercise and rely on their judgment as to whether the asset accords with its description at their own risk.  Subject to the obligations accepted by GoIndustry DoveBid under these Terms and Conditions, neither the Seller nor GoIndustry DoveBid nor any of their respective employees or agents are responsible for errors of description or for the genuineness or authenticity of any asset

General

3.  By submitting an offer, the Buyer represents, warrants and undertakes that it has the authority and capacity to make such an offer and purchase the assets and that any offer that it makes constitutes an irrevocable offer to buy the assets for the full offer amount upon these terms and conditions and such additional terms and conditions (if any) as may be imposed by the Seller.  For the purposes of these terms and conditions, we refer to any person or entity registering to offer or offering to buy goods as a "buyer" regardless of whether any contract of sale is concluded.

Payment terms

4. A discounted Buyer's premium of 16% of the bid price will be added to the purchase price for each asset for Buyers who pay in the form of cash, cashier's check, company check (with a letter of guarantee) or wire transfer within 72 hours from receipt of GoIndustry DoveBid’s invoice; the full Buyer's premium of 18% shall apply for Buyers who pay via credit card and all other Buyers that do not remit payment within 72 hours from receipt of GoIndustry DoveBid’s invoice. 

5. Collection of applicable sales, value added or similar taxes will be in accordance with the laws of the jurisdiction in which the assets are located. The Buyer is advised to seek its own tax advice. The Buyer agrees that invoices may be issued in electronic form by email or otherwise.

6. Full payment of the balance of the purchase price is due by the date stipulated on the invoice and in any event prior to removal of any purchased assets. In the event that a Buyer fails to pay the entire purchase price (in addition to the Buyer's premium and any applicable sales, value added or similar tax) within the time specified by GoIndustry DoveBid or otherwise fails to comply with these Terms and Conditions, GoIndustry DoveBid and the Seller will retain the deposit as liquidated damages without notice. GoIndustry DoveBid and the Seller reserve the right to resell such assets without notice, and the defaulting Buyer shall be liable to GoIndustry DoveBid and the Seller for any resulting deficiency, including costs incurred in storing and reselling such assets. 

Collection/Removal

7. GoIndustry DoveBid shall have no responsibility to disconnect utilities to the sold asset, including electric, gas, waste and water lines. It is the Buyer's sole responsibility to arrange and pay for the removal, shipment and insurance of purchased assets. Also, it is the Buyer's responsibility to provide, and/or ensure their agent(s) performing removals on their behalf provide, upon demand, evidence of valid insurance policies with reliable insurance companies, providing the types of coverage and in the amounts more particularly described in the Sample Required Insurance Certificate located on in the Shipping Information section of GoIndustry DoveBid’s website; and such other insurance as may be required by any governmental authority, including workers' compensation insurance. Removal shall be conducted responsibly and with due care for the Seller's premises.  GoIndustry DoveBid reserves the right on any sale to require that all Buyers utilize the services of the movers/shippers/riggers to those listed on GoIndustry DoveBid’s website under “Directory of Shippers” and/or those listed on the sale website as “exclusive, approved” for a particular sale event. The Buyer shall restore and repair all real and personal property that is altered or damaged as a result of the removal of purchased assets. If the Buyer does not remove an asset within the announced check-out period, GoIndustry DoveBid and the Seller may, in their sole discretion, deem the asset to have been abandoned by the Buyer and the Buyer will have no further rights with respect to the asset. Notwithstanding the foregoing, GoIndustry DoveBid and the Seller reserve the right to charge the Buyer for the costs of storage beyond the check-out period. 

8. The Buyer acknowledges that the Seller's facility is a potentially dangerous place. Flammable, noxious, corrosive and pressurized substances may be present. Heavy equipment may be operated, and electrical circuits may be live. Every person enters the site at his or her own risk with notice of the condition of the premises and the activities that will be or have been conducted on the premises. The Buyer shall so advise their agents and employees. No person shall have any claim against GoIndustry DoveBid, the Seller or their respective agents or employees for any injuries sustained or for damages to or loss of property that may occur at the site. Nothing in this clause shall limit or exclude liability for death or personal injury resulting from the negligence of GoIndustry DoveBid or the Seller.

9. The Buyer acknowledges that neither Seller nor its appointed representative(s) are obliged to give any other support or owes any other performance other than those described in these Terms and Conditions.  In particular, the Buyer acknowledges that neither the Seller nor GoIndustry DoveBid will give any start-up assistance or trouble shooting support during re-assembling and start-up of the assets unless otherwise agreed in writing.

International statutory compliance exclusion

10. It is expressly brought to the Buyer's attention that, at the time of sale, any asset for sale in this sale:

(a)        may not necessarily comply with the Health and Safety at Work Etc. Act 1974, Environmental Protection Act 1990 or any other UK and/or EC Acts, Regulations, Directives or their applicable laws or equivalent or similar laws in any relevant jurisdiction or; and

(b)        could contain blue or white asbestos, hazardous substances, dangerous chemicals etc. which if not handled correctly during their removal from a site could be in breach of the Health & Safety at Work Etc. Act 1974, Control of Substances Hazardous to Health Regulations 2002 or any other current legislations covering the use of such substances in a working environment in the UK, the EC, the United States or any other relevant jurisdiction.  GoIndustry DoveBid has no duty to remove any hazardous substances that are contained in or are a part of any asset.

11.        The Buyer undertakes to:

(a)        remove, ship and use any purchased plant and equipment within any relevant jurisdiction in a way that does not contravene any relevant legislation and in full compliance with all applicable health and safety standards and regulations; and

(b)                 comply with all current applicable legislations in any relevant jurisdiction and reasonable instructions by GoIndustry DoveBid in relation to the removal/disposal of waste including hazardous waste.

Exports

12. The Buyer agrees to comply with all applicable export control and related laws and regulation and not to violate any applicable local, state, national or international law, statute, ordinance, rule or regulation.  Buyers acknowledge that GoIndustry DoveBid is not the exporter  of any purchased asset unless expressly stated. GoIndustry DoveBid makes no representation or warranty concerning, and has conducted no investigation to ascertain which assets, if any, constitute, for example, “Restricted Technology” for US law purposes or whose export is otherwise restricted under applicable law. GoIndustry DoveBid and/or the Seller reserves the right to cancel or rescind any sale at any time in the event it determines, in its absolute discretion, that the sale does or may violate applicable export or import control or related laws and regulations. 

Limitation of Liability

13.        Neither Seller nor GoIndustry DoveBid shall be liable, in contract, tort (including negligence) or for breach of statutory duty or in any other way for:

      (a)        any loss arising from or in connection with loss of revenue, profits, contracts or business or failure to realise anticipated savings or profits;

      (b)        any loss of goodwill or reputation; or

      (c)        any indirect or consequential losses suffered or incurred by Buyer,

arising out of or in connection with these Terms and Conditions and any of the actions or events contemplated within them or deriving from a sale of goods pursuant to them (“Relevant Events”).

The aggregate respective liability of Seller or GoIndustry DoveBid in respect of any other loss or damage suffered by a Buyer and arising out of or in connection with these Terms and Conditions or arising out of or in any way connected with any Relevant Events, whether in contract, tort (including negligence) or for breach of statutory duty or in any other way, shall not exceed (i) in the case of the Seller, the amount of the purchase price paid by the Buyer; and (ii) in the case of GoIndustry DoveBid the buyer’s premium paid by the Buyer, in each case in respect of the goods which are the subject of the claim. 

The Buyer undertakes to defend (by counsel satisfactory to GoIndustry DoveBid) and indemnify GoIndustry DoveBid and Seller and hold GoIndustry DoveBid and Seller harmless from and against any claim, demand, cause of action, liability or expense (including attorneys' fees and costs) asserted against or incurred by GoIndustry DoveBid, the Seller or any third party in connection with the sale, removal, shipment or use of any purchased assets or a breach by the Buyer of these Terms and Conditions. 

14.        GoIndustry DoveBid is acting as agent of the Seller and is not responsible for acts and omissions of the Seller or any of the Seller’s principals, officers, directors, employees or other agents.

 Choice of Law and Venue

15. These Terms and Conditions, and all questions with respect to the interpretation of these Terms and Conditions, shall be governed by and construed in accordance with the internal laws of the State of Maryland, without regard to conflict of laws provisions.  All Buyers expressly consent to personal and exclusive jurisdiction in the courts of the State of Maryland located in Baltimore County, the United States of America.

16.        In the event that any of the provisions of these Terms and Conditions shall prove to be invalid or null and void, the remainder of the provisions shall not affected thereby.

These Terms and Conditions are drawn up in the English language.  If these Terms and Conditions are translated into another language, the English language text prevails.

GoIndustry DoveBid

November 2010

Special Terms and Conditions of Sale

These terms and conditions form a legally binding agreement (“Agreement”) between you the purchaser (“Purchaser”) of any asset or material purchased at Auction (“Assets”) and Seller.

These Terms and Conditions are in addition to any contract that may be formed between Purchaser and the Auctioneer, GoIndustry DoveBid,Inc. and/or its affiliates and/or subsidiaries collectively, (”Auctioneer”).  This Agreement will apply to the sale by Seller and the purchase by Purchaser and such sale shall be governed only by the terms and conditions of this Agreement.  Any additional or conflicting terms in any accepted offer or Purchaser purchase order will have no legal effect.

1.                    TITLE

Property and title for each Asset shall not pass to the Purchaser until:

(a) full payment has been received by Auctioneer and/or by Seller or (where payment or partial payment is made by check) until the check(s) in question have been cleared; and

(b) each such Asset has been removed from the Seller's and/or Auctioneer’s premises in its entirety.

 

2.                    PAYMENT TERMS AND APPLICABLE TAXES

For sales within PRC (where Seller’s Assets reside in PRC and shall not be shipped outside PRC), Purchaser agrees to pay Seller for the Assets in full prior to the date of delivery.  Buyer further agrees to pay Auctioneer’s commission directly to Auctioneer.  Any applicable value added tax, business tax, sales tax, duty, or government levy will be paid by Purchaser.  All payments shall be made be inRenminbi (RMB) if Purchaser is a People’s Republic of China (PRC) company, organization or nature person.   For those amounts that are quoted in US dollars, the RMB conversion will be calculated based on the amount due in US Dollars at the middle exchange rate of RMB to the US Dollar published by the People’s Bank of China on the date that payment is made by Purchaser. 

For export sales (where Seller’s Assets reside in PRC and Purchaser will ship the Assets to a location outside PRC, Purchaser agrees to pay Auctioneer for the Assets in full prior to the date of delivery.  Any applicable sales and use taxes, stamp taxes, value added taxes, property taxes and other taxes or duties imposed by any taxing authority will be paid by Purchaser.  All payments shall be made be in US Dollars (USD). 

        Purchaser agrees to pay Auctioneer or Seller for the Equipment via wire transfer using the payment instructions provided by Auctioneer after the close of auction.

        Where allowable by law, Purchaser shall remit to Auctioneer or Seller any and all sales and use taxes, stamp taxes, value added taxes, property taxes, customs and import taxes, as well as any other taxes or duties imposed by any taxing authority on or with respect to this Agreement, the costs of such taxes or duties shall be borne by Purchaser. 

All payments shall be made free and clear without deduction for any and all present and future taxes imposed by any taxing authority.  In the event that Purchaser is prohibited by law from making such payments unless Purchaser deducts or withholds taxes there from and remits such taxes to the local taxing jurisdiction, then Purchaser shall duly withhold and remit such taxes and shall pay to Auctioneer the remaining net amount after the taxes have been withheld.  Purchaser shall promptly furnish Auctioneer with a copy of an official tax receipt or other appropriate evidence of any taxes imposed on payments made under this Agreement, including taxes on any additional amounts paid.  In cases other than taxes referred to above, including but not limited to sales and use taxes, stamp taxes, value added taxes, property taxes and other taxes or duties imposed by any taxing authority on or with respect to this Agreement, the costs of such taxes or duties shall be borne by Purchaser.  In the event that such taxes or duties are legally imposed initially on Seller or Seller is later assessed by any taxing authority, then Seller will be promptly reimbursed by Purchaser for such taxes or duties plus any interest and penalties suffered by Seller. 

3.                                DELIVERY & SHIPPING.

                Purchaser agrees, by using a local agent if necessary, to take delivery and pick up the Equipment within 30 days from the date of close of auction as designated by Auctioneer.

For shipments originating in the People’s Republic of China (PRC) and destined for a location in the PRC, all shipments are EXW (INCOTERMS 2000) at Seller’s or Auctioneer’s facility (as designated by Auctioneer after close of auction) and title shall pass to Purchaser when Seller or Auctioneer delivers the Asset to the Purchaser’s carrier (or agent whenever applicable).  For shipments originating in the PRC and destined for a location outside the PRC, all shipments are FCA (INCOTERMS 2000) at Seller’s or Auctioneer’s facility (as designated by Auctioneer after close of auction) and title shall pass to the Purchaser when the Seller delivers the Asset cleared for export to the Purchaser’s carrier (or agent whenever applicable). 

Seller’s liability for delivery shall cease and all risk of loss or damage shall pass to Purchaser upon Seller delivering the Asset to the Purchaser’s carrier, regardless of any provision for payment of freight or insurance or the form of shipping documents.  Asset held by Seller for Purchaser shall be at Purchaser’s risk and expense. Purchaser is responsible for packaging, crating, and loading the Asset for shipment, transportation of the Asset, and for export formalities.  Purchaser shall pay all, packaging, crating, loading, transportation, export, customs and insurance costs.  Purchaser agrees to provide Seller with written notification of proposed carrier arrangements to be used for shipping.

Purchaser acknowledges and agrees that Seller’s delivery date is an estimate and that the actual delivery date may be later depending upon the completion of de-installation or other contingencies.  Shipment may originate from Seller or its authorized subcontractor or distributor.  In no event shall Seller be liable to Purchaser for any costs, expenses, or damages related to late delivery.

Where Purchaser has made payment to Seller and Seller delivers the Asset on or before the delivery date, any Asset which remains at Seller’s facility after the delivery date shall be subject to a storage fee to be paid by Purchaser, in the amount of $5.00 per square foot per day until removed from Seller’s premises.  Asset remaining on Seller’s premises for more than 30 days after the delivery date may be disposed of by the Seller, without recourse by Purchaser. All payments made by Purchaser shall likewise be forfeited in favor of Seller.  

Notwithstanding the aforesaid, Seller shall apply for and obtain the approval from competent Customs with regard to removal of the Customs supervision and the shipment of Asset out of the bonded area, export processing zone and/or free trade zone (if applicable). 

4.                ACKNOWLEDGEMENT AND WARRANTY.

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.

                 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 SELLERLECTUAL PROPERTY RIGHT OF A THIRD PARTY.

                 NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SELLER OR AN AUTHORIZED REPRESENTATIVE SHALL 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.

5.                LIMITATION OF LIABILITY.

(a)                 Limitation.

Subject to (b) below Seller’s aggregate liability for damages to Purchaser or any other party, if any, arising from or related to this Agreement, regardless of whether the claim for damages is based in contract, tort, strict liability or otherwise, shall not exceed the amount of fees actually paid by Purchaser to Seller pursuant to this Agreement for the Equipment which is the subject of such claim. In the event the Equipment is provided at no charge to Purchaser, Seller’s liability shall, in no event, exceed US$5000. This limitation of liability is cumulative and not per-incident (i.e. the existence of two or more claims will not enlarge this limit.) 

(b)   Nothing in this Agreement shall exclude or limit either party’s liability for:  fraud or other criminal acts; the tort of deceit; death or personal injury caused by a party’s breach of duty; or any other liability that cannot be excluded by law.

(c)   In no event shall either party be liable for any indirect, special, incidental, punitive or consequential damages whether or not arising in contract, tort (including negligence) or otherwise, even if such party has been informed of the possibility thereof. 

(d)   In no event shall Seller be liable to Purchaser for any damages resulting from or related to any delay in the delivery of Equipment under this Agreement.

(e)   In no event shall Seller be liable to the Purchaser for any of the following losses or damage (whether such losses or damage were foreseeable, known or otherwise) loss of profits, loss of use, loss of or damage to or corruption of data, loss of anticipated savings, loss of revenue, loss of use of money, loss of business, loss of opportunity, loss of goodwill, loss of reputation or any system downtime or interruption.

(f)    Seller neither assumes nor authorizes any person to assume for Seller any liability in connection with the sale of Asset.  It is agreed neither Seller nor any of its representatives have made any representations of any nature on which Purchaser has relied regarding the sale of Asset.

6.                INDEMNIFICATION.

Upon transfer of title to the Asset from Seller to Purchaser or Purchaser’s carrier at Seller’s or Auctioneer’s facility, Seller shall be released from any further obligation including but not limited to the handling, labeling, transportation, storage, use, disposal, or other activity relating to the Asset.  After such transfer, Purchaser agrees to defend (with counsel satisfactory to Seller), indemnify, and hold Seller harmless from and against any and all claims, liabilities, demands, suits, judgments, damages, fines, penalties, and any associated cost and expenses, including but not limited to consequential damages and attorney’s fees which may be asserted against or incurred by Seller as a result of Purchaser’s handling, labeling, transportation, storage, use, disposal, or other activity relating to the Asset, including but not limited to removal of Asset herein at Seller’s location, and resale thereof.

7.             ROHS AND WEEE

Seller makes no representation or warranty of any kind for the Asset regarding the applicability or compliance with: (1) the European Union’s (EU) RoHS Directive, 2002/95/EC, WEEE Directive, 2002/96/EC, and EU member state implementing legislation (hereinafter “RoHS/WEEE”), and (2) or any other product material content or end-of-life legislation in any jurisdiction.  Purchaser represents and warrants that it understands the requirements of RoHS/WEEE and similar product material content and end-of-life legislation in other jurisdictions that may be applicable to its purchase, sale, and/or the distribution or use of the Asset and that it accepts full responsibility for the proper importation, sale, distribution and/or use of the Asset in accordance with any applicable regulatory requirements.

8.                COMPLIANCE WITH LAWS. 

                Purchaser shall comply, at its sole cost and expense, with all applicable national, state, European Union (where applicable) and local laws, directives and regulations including but not limited to laws and regulations governing the manufacture, processing, distribution, transportation, labeling, handling, discharge, treatment, disposal, recycling, reclamation, use, import, export, or other activity relating to the Asset(s). Unless specifically authorized by appropriate license or regulation, Purchaser agrees not to export, directly or indirectly, any technology, software or commodities to any countries or to the nationals of any country which is subject to the United States or local country export control laws and regulations, including but not limited to the United States Export Administration Regulations.  Purchaser agrees to indemnify and hold Seller harmless from any claims, liabilities, penalties, forfeitures, and associated costs and expenses (including attorneys’ fees) which Seller may incur due to Purchaser’s non-compliance with applicable laws, rules, and regulations. 

9.  ADVERTISEMENTS.

                Neither party may use the other party’s name in advertisements nor otherwise disclose the existence or content of this Agreement without the other’s prior written consent.

10.                 SEVERABILITY.

The terms and conditions stated herein are declared to be severable. Should any term(s) or condition(s) of this Agreement be held to be invalid or unenforceable, then the validity, construction, and enforceability of the remaining terms and conditions of this Agreement shall not be affected.

11.          CHOICE OF LAW AND FORUM.

This Agreement is to be construed and interpreted according to the laws of People’s Republic of China, excluding its conflict of law provisions, and the parties have agreed that the United Nations Convention for the International Sale of Goods shall not govern this Agreement.

All disputes or litigation arising out of or relating to this Agreement, including without limitation matter connected with its performance, shall be subject to the exclusive jurisdiction of the courts of People’s Republic of China. The parties hereby irrevocably submit to the jurisdiction of such courts and irrevocably waive all objections to such venue.

12.          FORCE MAJEURE.

Seller shall not be liable for any delay in performance or non-performance caused by circumstances beyond Seller’s control, including but not limited to, acts of public enemy or terrorism, fire, flood, earthquake, riot, war, changes in applicable law or regulations, court orders, accidents, or labor strikes.

13.              SURVIVAL.

The provisions of Sections 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 15, 16, 17, 18, 19, 20 and 21 shall survive termination or expiration of this Agreement.

 

14.                 MODIFICATIONS.

This Agreement may not be supplemented, modified, or amended except by a written amendment signed by an authorized representative of each party.

15.                ASSIGNMENT.

Seller may assign or delegate its rights and/or obligations, or any part thereof under this Agreement to any or all of its wholly-owned subsidiaries.  Otherwise, neither party may assign or delegate its rights and obligations under this Agreement without the prior written consent of the other.

16.                HAZARDOUS MATERIAL DISCLOSURE.

THIS SECTION 16 APPLIES ONLY IF THE USE OF THE ASSET BY SELLER HAS INVOLVED A HAZARDOUS MATERIAL. AUCTIONEER SHALL DESIGNATE WHETHER OR NOT HAZARDOUS MATERIALS ARE INVOLVED, AND IDENTIFY SUCH HAZARDOUS MATERIALS FOR PURCHASER PRIOR TO DELIVERY.

 THE ASSET HAS BEEN CLEANED, BUT SOME RESIDUAL AMOUNTS MAY REMAIN OR MAY HAVE LEACHED INTO THE ASSET STRUCTURE. PROPER PROTECTIVE GEAR AND CLOTHING, AND PROPER SAFETY METHODS SHOULD BE USED AT ALL TIMES WHEN HANDLING AND/OR USING THIS ASSET. MATERIAL SAFETY DATA SHEETS FOR THE HAZARDOUS MATERIALS USED ON THE ASSET WILL BE SENT TO PURCHASER VIA ELECTRONIC MAIL UPON PURCHASER’S WRITTEN REQUEST.

 PURCHASER AGREES THAT IN THE EVENT ASSET IS BEING PURCHASED FOR RESALE OR ASSET IS RESOLD PRIOR TO BEING USED BY PURCHASER, PURCHASER WILL ATTACH DISCLOSURE INFORMATION, SHOWN ABOVE, TO THE ASSET AND TO THE DOCUMENTATION COVERING THE SALE OF DESCRIBED ASSET. PURCHASER  AGREES THAT IN THE EVENT ASSET IS BEING PURCHASED FOR RESALE OR ASSET IS RESOLD PRIOR TO BEING USED BY PURCHASER, PURCHASER WILL REQUIRE THAT THE ABOVE DISCLOSURE INFORMATION BE CONTINUOUSLY PASSED ON TO SUBSEQUENT BUYERS UNTIL THE ASSET HAS REACHED THE NEXT BUYER FOR POINT OF END USE.

17.                SOFTWARE LICENSING.

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 Asset.  Any software included with the Asset may be the property of a third party.  Purchaser agrees to destroy all such software or to obtain an appropriate license for its continued use and/or export.

18.                COUNTERPARTS.

This Agreement may be executed in any number of counterpart originals, each of which shall be deemed an original instrument for all purposes, but all of which shall comprise one and the same instrument. 

19.                DISPUTE RESOLUTION.

All disputes arising directly under the express terms of this Agreement or the grounds for termination thereof, where the Agreement sales price is less than Ten Million U.S. dollars (U.S. $10,000,000) or equivalent amount of Chinese currency shall be resolved as follows; first, the senior management of both parties shall meet to attempt to resolve such disagreements.  If the disagreements cannot be resolved by the senior management after ninety (90) days from the date any party made a written demand for resolution, either party can file a suit with a competent court. 

20.          TERM AND TERMINATION.

This Agreement shall be effective from the date of close of auction as designated by Auctioneer. Seller may terminate this Agreement for any or no reason, with no liability whatsoever to Purchaser at any time until full payment is received.  If Seller is unable to deliver the Asset for any reason after payment has been made, Seller will, at its sole option, either issue a credit to be used toward a future purchase from Seller or reimburse Purchaser for any amounts paid to Seller for Asset not delivered.  Such credit or refund will be limited to the amounts paid to Seller for the Asset not delivered and will be Purchaser’s sole and exclusive remedy.  Seller shall be entitled to recall any item(s) identified for Auction up until the time the Assets are delivered to Purchaser.

21.          RISK OF LOSS.

The risk of loss passes to each Purchaser upon receipt of payment in full by Auctioneer and/or Seller. 

 22.          ENTIRE AGREEMENT.

                This Agreement sets forth the entire understanding of the parties and supersedes all prior agreements and understandings relating to the subject matter hereof. Amendments to this Agreement may only be made in writing and signed by an authorized representative of each party.  Clause headings are for convenience only and shall not be used in the interpretation or construction of this Agreement.

 

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Event Information
Location: Chengdu Sichuan Province,China
Started: 27 Feb 2014 5:00 PM PST
Final Bids Due: 12 Mar 2014 2:00 AM PST
Contact Details
Contact: Eric Zhang
Telephone: +86 21 62726246 801
Telephone 2: +86 139 1795 6751
Fax: +86 21 6272 6247
Contact: Julia Liu
Telephone: +86 21 62726246
Fax: +86 21 6272 6247
Shipping Information
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