Used Equipment Agreement And Bill Of Sale printable pdf download

USED EQUIPMENT AGREEMENT AND BILL OF SALE

THIS USED EQUIPMENT AGREEMENT AND BILL OF SALE (“Agreement”) is made as of this _______,

2013 (“Effective Date”), between Pactiv LLC, ("Seller"), located at 1900 West Field Court, Lake Forest, Illinois

60045, and _____________________________________________ ("Buyer").

Seller owns and wishes to sell the Equipment (as defined below) to Buyer, and Buyer wishes to purchase

such Equipment from Seller, all on the terms and conditions herein provided.

NOW THEREFORE, in consideration of the mutual agreements herein contained, Seller agrees to sell, and

Buyer agrees to purchase the following described equipment (the "Equipment") currently situated at 1000

Diamond Ave., Red Bluff, CA 96080 (the “Pactiv Facility”): _________________.

The purchase price is $_______ USD payable by Buyer to Seller on or before _______,

2013 by either wire transfer to an account designated by Seller in written notice to Buyer or in the form of a

certified or cashier’s check delivered to the notice address of Seller, attention Chief Financial Officer, if a

wire transfer is not elected.

Upon receipt of the purchase price, Seller conveys good title to the Equipment to Buyer, free

of all liens, claims and encumbrances of any kind, arising by or through Seller, by delivery of written notice of

same to Buyer. This is Seller's sole warranty.

The Equipment is delivered and sold to Buyer AS IS, WHERE IS, WITH ALL FAULTS. Seller

makes no other warranty of any kind, express or implied. ALL OTHER WARRANTIES, INCLUDING

WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A

PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED BY SELLER AND EXCLUDED.

Buyer has examined the Equipment, is familiar with its condition, and acknowledges that

modifications may be required to comply with OSHA or other applicable law. Buyer is not relying upon any

representation or statement of Seller concerning the nature or the condition of the Equipment, or compliance

with any OSHA or other applicable laws.

The risk of loss and the right of possession shall pass to Buyer upon execution of this

Agreement. Title will pass to Buyer immediately upon payment of the purchase price to Seller.

Delivery of the Equipment shall occur on an FOB basis at the Pactiv Facility on the date of receipt

of the purchase price. Buyer or its outside contractors will perform the dismantling and removal of Equipment

in a lawful and workmanlike manner and in compliance with any workplace rules established for the Pactiv

Facility.

In consideration of the foregoing and other good and valuable consideration, Buyer

(including its employees, contractors, agents, successors and assigns) hereby releases, and agrees to

defend, indemnify and hold harmless, Seller and its affiliates and their employees and representatives

("Indemnitees") from any claims or suits against, and costs, damages, losses or expenses incurred by, the

Indemnitees for:



Personal injury, death or property damage arising out of Buyer's entering Seller's

premises and removing the Equipment or related to Buyer's possession or use of the

Equipment after consummation of the sale transaction.



Personal injury or property damage to any person, including Buyer and Seller or their agents

or employees, occurring as a direct or indirect result of Buyer's or any subsequent owner or

USED EQUIPMENT AGREEMENT AND BILL OF SALE

DATED _________, 2013

BETWEEN PACTIV LLC, AS SELLER

AND __________, AS BUYER

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Used Equipment Agreement And Bill Of Sale

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