Common use of Limitations and Disclaimers Clause in Contracts

Limitations and Disclaimers. (A) Each Lot is consigned to BJAC by a seller with a Consignment Agreement (“Seller”). Each Lot is sold “AS-IS-WHERE-IS”, with all faults and defects and all errors of description. Buyer understands that: (i) any and all information concerning any Lot is provided by Seller; (ii) BJAC does not make any representations or express any opinions of its own concerning any Lot; and (iii) BJAC does not undertake any duty to examine any component of any Lot, research the title documents or the provenance of the Lot or verify any information provided by Seller for the benefit of Buyer or anyone else. Buyer acknowledges that XXXX’s only duty toward Buyer is to transfer the Lot to Buyer “AS-IS-WHERE IS”, upon full performance by Buyer under this Agreement. Except with regard to such duty, Buyer hereby waives and releases BJAC from and against any claim, demand, liability, or expense of any kind arising out of or related to the Lot, expressly including without limitation any assertions of negligence (including negligent misrepresentation), breach of contract or breach of warranty. Xxxxx agrees not to join XXXX as a defendant in any action or proceeding arising directly or indirectly out of the condition of the Lot or any alleged representations concerning the Lot, and further agrees to look solely to Seller with respect to such matters. Depending of the state of registration of the Buyer, the Lot purchased by the Buyer may require an inspection and be subject to a state- issued VIN and/or other requirements of that state.

Appears in 4 contracts

Samples: Bidder Agreement, Bidder Agreement, Bidder Agreement

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Limitations and Disclaimers. (A) Each Lot lot is consigned to BJAC Xxxxxx Xxxxxxx Company (hereinafter referred to as THCo) by a seller with a Consignment Agreement (“the Seller shown on the Bill of Sale. Seller is the disclosed principal of THCo, and THCo acts as the exclusive agent of Seller”). Each Lot lot is sold “AS-IS-, WHERE-IS”, with all faults and defects defects, and with all errors of description. Buyer understands that: (iI) any and all information concerning any Lot lot is provided by b) Seller; (ii2) BJAC THCo does not make any representations or express any opinions of its own concerning any Lotlot; and (iii3) BJAC THCo does not undertake examine any duty to examine lot or any component of any Lotlot, research the title documents or for the provenance of the Lot lot or verify any information provided by Seller the Seller, nor does THCo undertake any duty to do any of the foregoing for the benefit of the Buyer or anyone else. Buyer Xxxxx acknowledges that XXXXTHCo’s only duty toward Buyer is to transfer release the Lot to Buyer lot and the title documents “AS-IS, WHERE-WHERE IS”, upon full performance by Buyer under this Agree- ment and at times specified in this Agreement. Except with regard to such duty, Buyer hereby waives and releases BJAC THCo from and against any claim, demand, liability, liability or expense of on any kind arising out of or related our relation to the Lotany lot, expressly including without limitation any assertions of negligence (including negligent misrepresentation), breach of contract ) or any breach of warranty. Xxxxx agrees not to join XXXX THCo as a defendant in any action or proceeding arising directly or indirectly out of the condition of the Lot lot or any alleged representations concerning the Lotlot, and further agrees to look solely to the Seller with respect to such matters. Depending of the state of registration of the Buyer, the Lot purchased by the Buyer may require an inspection and be subject to a state- issued VIN and/or other requirements of that state.

Appears in 4 contracts

Samples: images.proxibid.com, www.thcauction.com, www.thcauction.com

Limitations and Disclaimers. (A) Each Lot is consigned to BJAC by a seller with a Consignment Agreement (“Seller”). Each Lot is sold “AS-IS-WHERE-IS”, with all faults and defects and all errors of description. Buyer understands that: (i) any and all information concerning any Lot is provided by Seller; (ii) BJAC does not make any representations or express any opinions of its own concerning any Lot; and (iii) BJAC does not undertake any duty to examine any component of any Lot, research the title documents or the provenance of the Lot or verify any information provided by Seller for the benefit of Buyer or anyone else. Buyer acknowledges that XXXX’s only duty toward Buyer is to transfer the Lot to Buyer “AS-IS-WHERE IS”, upon full performance by Buyer under this Agreement. Except with regard to such duty, Buyer hereby waives and releases BJAC from and against any claim, demand, liability, or expense of any kind arising out of or related to the Lot, expressly including without limitation any assertions of negligence (including negligent misrepresentation), breach of contract or breach of warranty. Xxxxx agrees not to join XXXX as a defendant in any action or proceeding arising directly or indirectly out of the condition of the Lot or any alleged representations concerning the Lot, and further agrees to look solely to Seller with respect to such matters. Depending of the state of registration of the Buyer, the Lot purchased by the Buyer may require an inspection and be subject to a state- state-issued VIN and/or other requirements of that state.

Appears in 3 contracts

Samples: Bidder Agreement, Bidder Agreement, Bidder Agreement

Limitations and Disclaimers. (A) Each Lot is consigned to BJAC by a seller with a Consignment Agreement (“Seller”). Each Lot is sold “AS-IS-WHERE-IS”, with all faults and defects and all errors of description. Buyer understands that: (i) any and all information concerning any Lot is provided exclusively by Seller; (ii) BJAC does not make any representations or express any opinions of its own concerning any Lot; and (iii) BJAC does not undertake any duty to examine any component of any Lot, research the title documents or the provenance of the Lot or verify any information provided by Seller for the benefit of Buyer or anyone else. Buyer acknowledges that XXXX’s only duty toward Buyer is to transfer the Lot to Buyer “AS-IS-WHERE IS”, upon full performance by Buyer under this Agreement. Except with regard to such duty, Buyer hereby waives and releases BJAC from and against any claim, demand, liability, or expense of any kind arising out of or related to the Lot, expressly including without limitation any assertions of negligence (including negligent misrepresentation), breach of contract or breach of warranty. Xxxxx agrees not to join XXXX as a defendant in any action or proceeding arising directly or indirectly out of the condition of the Lot or any alleged representations concerning the Lot, and further agrees to look solely to Seller with respect to such matters. Depending If Xxxxx fails to comply with this provision, Xxxxx agrees to reimburse BJAC for all costs, expenses and fees, including attorney fees, in defense of the state of registration of the Buyer, the Lot purchased by the Buyer may require an inspection and be subject to a state- issued VIN and/or other requirements of that statesuch claims.

Appears in 1 contract

Samples: Bidder Agreement

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Limitations and Disclaimers. (A) Each Lot lot is consigned to BJAC Xxxxxx Xxxxxxx Company (hereinafter referred to as THCo) by a seller with a Consignment Agreement (“the Seller shown on the Bill of Sale. Seller is the disclosed principal of THCo, and THCo acts as the exclusive agent of Seller”). Each Lot lot is sold “AS-IS-WHERE-, WHERE- IS”, with all faults and defects defects, and with all errors of description. Buyer understands that: (iI) any and all information concerning any Lot lot is provided by b) Seller; (ii2) BJAC THCo does not make any representations or express any opinions of its own concerning any Lotlot; and (iii3) BJAC THCo does not undertake examine any duty to examine lot or any component of any Lotlot, research the title documents or for the provenance of the Lot lot or verify any information provided by Seller the Seller, nor does THCo undertake any duty to do any of the foregoing for the benefit of the Buyer or anyone else. Buyer Xxxxx acknowledges that XXXXTHCo’s only duty toward Buyer is to transfer release the Lot to Buyer lot and the title documents “AS-IS, WHERE-WHERE IS”, upon full performance by Buyer under this Agree- ment and at times specified in this Agreement. Except with regard to such duty, Buyer hereby waives and releases BJAC THCo from and against any claim, demand, liability, liability or expense of on any kind arising out of or related our relation to the Lotany lot, expressly including without limitation any assertions of negligence (including negligent misrepresentation), breach of contract ) or any breach of warranty. Xxxxx agrees not to join XXXX THCo as a defendant in any action or proceeding arising directly or indirectly out of the condition of the Lot lot or any alleged representations concerning the Lotlot, and further agrees to look solely to the Seller with respect to such matters. Depending of the state of registration of the Buyer, the Lot purchased by the Buyer may require an inspection and be subject to a state- issued VIN and/or other requirements of that state.

Appears in 1 contract

Samples: www.thcauction.com

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