Indiana Agreement for Sale of Equipment; Additional Proposed Terms Are Expressly Rejected; Disclaimer of Warranties

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US-02312BG
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Description

Contract law as to offers is applicable to a sales contract, with the following exception. A firm offer by a merchant cannot be revoked if the offer: (i) expresses an intention that it will not be revoked; (ii) is in a writing; and (iii) is signed by the merchant.


An express period of irrevocability in the offer cannot exceed three months. If nothing is said as to the duration of the offer, the offer can be revoked after a reasonable time. A firm offer is effective regardless of whether the merchant received any consideration to keep the offer open.


An offer to buy or sell goods may be accepted in any manner and by any medium that is reasonable under the circumstances. However, if a specific manner or medium is clearly required by the terms of the offer or the circumstances of the case, the offer can only be accepted in that manner.


Unless it is expressly specified that an offer to buy or sell goods must be accepted just as made, the offeree may accept an offer and at the same time propose an additional term. This form is clear that the offer is not subject to change.

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  • Preview Agreement for Sale of Equipment; Additional Proposed Terms Are Expressly Rejected; Disclaimer of Warranties
  • Preview Agreement for Sale of Equipment; Additional Proposed Terms Are Expressly Rejected; Disclaimer of Warranties
  • Preview Agreement for Sale of Equipment; Additional Proposed Terms Are Expressly Rejected; Disclaimer of Warranties
  • Preview Agreement for Sale of Equipment; Additional Proposed Terms Are Expressly Rejected; Disclaimer of Warranties
  • Preview Agreement for Sale of Equipment; Additional Proposed Terms Are Expressly Rejected; Disclaimer of Warranties

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FAQ

A dealer warranty disclaimer is a statement that informs buyers that the dealer does not guarantee the equipment's condition or performance. In an Indiana Agreement for Sale of Equipment, this disclaimer can help protect the dealer from liability by clarifying that the sale is 'as-is.' It is essential to communicate that any additional proposed terms are expressly rejected to avoid potential misunderstandings with buyers.

Disclaiming warranties requires clear and explicit language in your legal agreements. In the context of an Indiana Agreement for Sale of Equipment, you should include a clause that plainly states that no warranties are given. By specifying that any additional proposed terms are expressly rejected, you can strengthen your position and reduce the likelihood of disputes.

To write a no-warranty statement effectively, you should clearly outline that no warranties are provided regarding the equipment’s performance or condition. In your Indiana Agreement for Sale of Equipment, you might include language like, 'The equipment is sold as-is, without any warranties, and any additional proposed terms are expressly rejected.' This clarifies to buyers the terms of the sale and mitigates potential liability.

A disclaimer of warranty clause is a provision that explicitly limits or denies any assurances about the condition of the equipment. For example, an Indiana Agreement for Sale of Equipment may include a clause stating, 'The seller makes no warranties beyond those stated in this agreement, and any additional proposed terms are expressly rejected.' Such disclaimers protect the seller from future claims regarding the condition of the equipment.

Disclaiming warranties means that the seller is stating they are not guaranteeing the quality or performance of the product sold. In the context of an Indiana Agreement for Sale of Equipment, this clarifies that the buyer accepts the equipment without any assurances from the seller. Such a disclaimer is crucial in protecting the seller from future claims regarding the equipment.

The limitation clause in a warranty outlines the extent and duration of the warranty offered. This means that the seller specifies what they are responsible for and for how long. In an Indiana Agreement for Sale of Equipment, it serves to set clear expectations, thereby reducing the risk of disputes between the buyer and the seller.

The disclaimer of warranties and limitation of liability clause is a combined provision that works to limit the seller's responsibilities. In an Indiana Agreement for Sale of Equipment, it emphasizes that the equipment is sold 'as is,' without any warranties from the seller. This protects the seller from liability for any problems arising after the sale, offering clarity to both parties.

An example of a disclaimer clause is a statement indicating that the seller is not liable for defects in the equipment after a sale. In the framework of an Indiana Agreement for Sale of Equipment, it might state, 'The seller disclaims all warranties related to the condition of the equipment sold.' This helps protect the seller from future claims related to the equipment's performance.

The disclaimer and limitation of liability clause is a provision that seeks to limit the responsibility of one party in a contract. In an Indiana Agreement for Sale of Equipment, this clause clarifies that the seller is not liable for certain issues after the sale. It establishes boundaries on what claims can be made against the seller, ensuring that both parties understand their obligations.

Yes, you can disclaim warranties in a warranty deed. This is often done to make clear that the seller does not guarantee the property's condition. In the context of the Indiana Agreement for Sale of Equipment, it helps to clarify the relationship between the buyer and the seller regarding warranties. Always ensure that this is properly stated to avoid misunderstandings.

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Indiana Agreement for Sale of Equipment; Additional Proposed Terms Are Expressly Rejected; Disclaimer of Warranties