Trade-In Equipment. Trade-In Equipment will be eligible for wholesale financing in an amount determined from time-to-time by CNHi and notified in writing to CNHi Capital, as long as the amount financed plus freight, handling, taxes and/or sundry charges is not greater than market value. The minimum amount financed will be CDN$1,500.
Trade-In Equipment. Customer warrants that the equipment traded in described on the Machinery Sales Agreement and for which trade-in allowance is given, is free and clear of all encumbrances.
Trade-In Equipment. If agreed, the Company may accept the return of a Customer product (Trade-in-Equipment) as part of the Agreement. Customer represents and warrants to the Company that it has the authority to transfer title to the Trade-in-Equipment to the Company and that Customer either: (a) owns all right, title and interest in the Trade-in-Equipment free and clear of any third-party liens, security interests or other encumbrances of any kind (collectively, (“Liens”), or (b) has provided the Company with a written list of all Liens. Further, Customer agrees to obtain, or facilitate the Company obtaining, at Customer’s sole cost and expense, full releases of any Liens prior to surrendering possession of the Trade-in-Equipment to the Company. Customer retains full responsibility for obtaining a release of any Liens, regardless of whether such Liens were disclosed to the Company or not, and Customer agrees to indemnify, defend and hold the Company harmless from any claims by a third party or damages incurred by the Company related to or arising out of any Liens on the Trade-in-Equipment.
Trade-In Equipment. The Purchasing Entity warrants that it has the right to transfer title to the Equipment you are trading in as part of this Agreement ("Trade-In Equipment") and that the Trade-In Equipment is in good working order. Title and risk of loss to the Trade-In Equipment will pass to Xerox when Xerox removes it from your premises. The Purchasing Entity will maintain the Trade-In Equipment at its present site and in substantially its present condition until removed by Xerox. The Purchasing Entity will pay all accrued charges for the Trade-In Equipment (up to and including payment of the final principal payment number) and all applicable maintenance, administrative, supply and finance charges until Xerox removes the Trade-In Equipment from your premises. GENERAL TERMS & CONDITIONS:
Trade-In Equipment. In connection with the Sales Agreement, Purchaser proposed to sell to Seller certain “Trade-In Equipment” identified therein, in exchange for a credit in the amount of value set forth therein or to-be-set forth therein (less payoffs of all claims, liens, mortgages and security interests encumbering the same), which value has been or will be determined based on the Surveyed Condition (defined below), to be applied toward the purchase price for the Equipment Ordered/Purchased to be sold by Seller to Purchaser pursuant to the Sales Agreement, all subject to the terms and conditions of the Sales Agreement and this Rider. Seller has had or will have the “Trade-In Equipment” surveyed by an employee or agent of Seller to determine, among other things, the assumed condition and hours of the Trade-In Equipment (and all components thereof) (the “Surveyed Condition”) that are assumed for the anticipated date of Seller’s taking delivery of the Trade-In Equipment from Purchaser, which will be the same date anticipated for Seller’s delivery of the Equipment Ordered/Purchased to Purchaser. The Surveyed Condition forms the basis of Seller’s determination of the trade-in value (and a material inducement for Seller offering the same). To receive a copy of the images utilized in establishing the trade in equipment’s valuation, please contact your Xxxxxx Machinery salesperson. If Seller (in its commercially reasonable judgment) determines at any time that actual condition of the Trade-In Equipment (whether as of the actual date of Seller’s taking delivery of the Trade-In Equipment or any time prior thereto) deviates or will deviate from the Surveyed Condition in any material respect (a “Material Deviation”), then the trade-in value shall be reduced by the amount determined by Seller in its commercially reasonable judgment to represent the diminishment in the trade-in value of the Trade-In Equipment as a result of such Material Deviation(s); provided, if Seller determines that such Material Deviation(s) renders the Trade-in Equipment unsellable, unsalvageable or otherwise valueless to Seller, results in a trade-in-value less than the amounts necessary to payoff all claims, liens, mortgages and security interests encumbering the same, or could result in any potential loss or liability to Seller of any kind or amount, then, in any such case, Seller may elect to not purchase the Trade-In Equipment (and Purchaser shall retain possession of the same). “Material Deviation(s)” may in...
Trade-In Equipment. Trade-in equipment identified in a Quotation will be subject to separate trade-in terms and conditions.
Trade-In Equipment. Customer represents and warrants to the Company that it has the authority to transfer title to the Trade-in Equipment to the Company and that Customer either: (a) owns all right, title and interest in the Trade-in Equipment free and dear of any third-party liens, security interests or other encumbrances of any kind (collectively, "Liens"), or (b) has provided the Company with a written list of all Liens. Further, Customer agrees to obtain, or facilitate the Company obtaining, at Customer’s sole cost and expense, full releases of any Liens prior to surrendering possession of the Trade-in Equipment to the Company. Customer retains full responsibility for obtaining a release of any Liens, regardless of whether such Liens were disclosed to the Company or not, and Customer agrees to indemnify, defend and hold the Company harmless from any claims by a third party or damages incurred by the Company related to or arising out of any Liens on the Trade-in Equipment.
Trade-In Equipment. If this option has been selected, Customer is providing equipment to Xerox as part of an Order ("Trade-In Equipment") and the following shall apply:
Trade-In Equipment. The Purchasing Entity warrants that it has the right to transfer title to the Equipment you are trading in, if applicable, as part of this Agreement ("Trade-In Equipment") and that the Trade-In Equipment is in good working order, ordinary wear and tear excepted. Title and risk of loss to the Trade-In Equipment will pass to Xerox when Xerox removes it from your premises. The Purchasing Entity will maintain the Trade-In Equipment at its present site and in substantially its present condition until removed by Xerox. he Purchasing Entity shall be responsible for any third-party outstanding charges for the Trade-In Equipment (up to and including payment of the final principal payment amount) and all applicable maintenance, administrative, supply and finance charges until Xerox removes the Trade-In Equipment from your premises. GENERAL TERMS & CONDITIONS: NON-CANCELABLE AGREEMENT. THIS AGREEMENT CANNOT BE CANCELED OR TERMINATED EXCEPT AS EXPRESSLY PROVIDED HEREIN, OR DUE TO NON-APPROPRIATION OF FUNDS, PER THE MASTER AGREEMENT. ANY CLAIM AGAINST XEROX MAY BE ASSERTED IN A SEPARATE ACTION AND SOLELY AGAINST XEROX.
Trade-In Equipment. Trade-in Equipment, if applicable, must be returned by Customer, at its cost, within fourteen (14) days of installation of the Product or Customer agrees to pay the Company the Estimated Value set forth above (plus applicable taxes) upon receipt of an invoice. Customer represents and warrants to the Company that it has the authority to transfer title to the Trade-in Equipment to the Company and that Customer either: (a) owns all right, title and interest in the Trade-in Equipment free and dear of any third-party liens, security interests or other encumbrances of any kind (collectively, "Liens"), or (b) has provided the Company with a written list of all Liens. Further, Customer agrees to obtain, or facilitate the Company obtaining, at Customer’s sole cost and expense, full releases of any Liens prior to surrendering possession of the Trade-in Equipment to the Company. Customer retains full responsibility for obtaining a release of any Liens, regardless of whether such Liens were disclosed to the Company or not, and Customer agrees to indemnify, defend and hold the Company harmless from any claims by a third party or damages incurred by the Company related to or arising out of any Liens on the Trade-in Equipment.
