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Maryland Agreement for Sale of Personal Property with Warranty Against Infringement

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Multi-State
Control #:
US-01810BG
Format:
Word; 
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Description

This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

The Maryland Agreement for Sale of Personal Property with Warranty Against Infringement is a legal document used in the state of Maryland for the sale of personal property with a warranty against infringement. This agreement provides protection for both the buyer and the seller by outlining the terms and conditions of the sale, as well as warranties related to the infringement of intellectual property rights. The primary purpose of this agreement is to ensure that the seller has legal ownership of the personal property being sold and that it does not infringe upon any patents, trademarks, copyrights, or other intellectual property rights. By including a warranty against infringement, the seller guarantees that the buyer will not face any legal claims or disputes regarding the ownership and use of the property. Some key provisions included in the Maryland Agreement for Sale of Personal Property with Warranty Against Infringement may include: 1. Identification of the parties involved: The agreement will clearly state the names and contact information of both the buyer and the seller. 2. Description of the personal property: A detailed description of the personal property being sold will be provided, including any unique identifiers or specifications. 3. Purchase price and payment terms: The agreement will outline the agreed-upon purchase price and the payment terms, including any installment options or due dates. 4. Title and ownership representation: The seller will represent and warrant that they have legal ownership and title to the personal property, free and clear from any liens or encumbrances. 5. Warranty against infringement: The seller will provide a warranty that the personal property being sold does not infringe upon any intellectual property rights of third parties. 6. Indemnification clause: Both parties may agree to an indemnification clause, which states that if any third-party claims arise as a result of the infringement of intellectual property rights, the seller will be responsible for any legal costs or damages incurred. It is important to note that there may be different types or variations of the Maryland Agreement for Sale of Personal Property with Warranty Against Infringement, depending on the specific circumstances of the sale or the type of personal property involved. For example, there may be specific agreements tailored for the sale of digital assets, artwork, or proprietary technology. However, the basic structure and key provisions mentioned above are usually consistent across different types of agreements.

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FAQ

Breach of a Representation means the falsity or incorrectness of or Breach of any representation or warranty of Seller or Buyer, as applicable, in this Agreement or in any Schedule, certificate or agreement furnished to the other Person pursuant to this Agreement (other than in an Ancillary Agreement) disregarding,

Specifically, the remedy for breach of warranty is typically some measure of expectancy damages, whereas the remedies for the tort of misrepresentation are typically rescision plus some measure of reliance or restitution damages, along with punitive damages if the misrepresentation was intentional.

A warranty is a guarantee from a seller that a defective product will be repaired or replaced within a specific time. A guarantee is a seller's promise that a product will meet certain quality or performance standards. If not, it will be repaired or replaced.

As a default, the remedies for a breach of a warranty are indemnification, termination (requires a material breach) or proportionate reduction of the purchase price. The purchase agreement usually will limit the remedy for breaches to indemnification.

Types of Remedies for Breach of ContractCompensatory Damages. An award of compensatory damages is the most common of the legal remedies for breach of contract.Specific Performance.Injunction.Rescission.Liquidated Damages.Nominal Damages.

The warranty assures the buyer that the good or service is free from defects, and it is a legally binding commitment. In the event that the product or service fails to meet the standards set out in the warranty, then the contract provides a specific remedy, such as a replacement or repair.

When you buy a TV and you have a written promise that it will be repaired for free if it breaks within the first year, this is an example of a warranty.

Put simply, a warranty is a contractual statement of fact made by the warrantor to the warrantee which is usually contained in a share or asset purchase agreement. Warranties often take the form of assurances from the seller as to the condition of the target company or business.

The representations and warranties allocate risk between the parties and serve as the foundation for an indemnification claim in case of a breach or inaccuracy. A breach or inaccuracy of a representation or warranty can also provide the other party with a right to terminate or refuse to close the transaction.

The UCC has two provisions relating to disclaimer or modification of merchantability. Under the first, a seller who wishes to exclude or limit the implied warranty of merchantability must mention the word "merchantability." Under this rule, general language such as "no implied warranties are made" is not sufficient.

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Any personal property or other tax assessable on the equipment or applicable taxes outside of Maryland shall be the sole responsibility of the buyer. PAYMENT: ... The price of the goods sold is that price specified on the front of these TermsAgreement, Seller's facility shall be 7330 Executive Way, Frederick, MD ...The County maintains the Sites for your personal use, information,Images of people or places displayed on the Sites are either the property of, ... By BJ Britzke · Cited by 5 ? distinctions exist between the sale of personal and real property has beenCompare U.C.C. § 2-312 (1983) (warranties of title and against infringement ...32 pages by BJ Britzke · Cited by 5 ? distinctions exist between the sale of personal and real property has beenCompare U.C.C. § 2-312 (1983) (warranties of title and against infringement ... (b) The Company owns the equipment, furniture, fixtures, improvements, and personal property set forth on attached schedule of assets. A party may sue for breach of implied warranties under the UCC although it does not take possession of the goods if it is the party who contracts to buy the ... MARYLAND. CONDOMINIUM ACT. Annotated Code of Maryland. Real Property Article, Title 11elements identified in the declaration or on the condominium plat.121 pages MARYLAND. CONDOMINIUM ACT. Annotated Code of Maryland. Real Property Article, Title 11elements identified in the declaration or on the condominium plat. Any of these will create an express warranty that the goods will conform to the fact,Whenever a seller, at the time she contracts to make a sale, ... shipped in accordance with the instructions on the Purchase Order.warranty made under this Agreement; or (ii) any material provision of ... The following terms and conditions cover all sales of products and rendering of services by FIBOX INC., a Maryland corporation ("Seller"). These.

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Maryland Agreement for Sale of Personal Property with Warranty Against Infringement