Utah 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

Before a sales contract like the Utah Agreement for Sale of Equipment is fully enforceable, both parties must ensure all conditions, such as proper signatures and agreed terms, are met. This includes verifying that there are no outstanding liens or disputes over the equipment. Parties often need to satisfy conditions like payment completion and delivery of equipment to bind the contract legally. Consulting resources like uslegalforms can help clarify these conditions to ensure compliance.

Filling out a contract agreement requires you to accurately complete all sections, including the parties involved, equipment details, and payment terms. Each field should be filled clearly, referring to the Utah Agreement for Sale of Equipment guidelines to ensure all necessary information is included. Always proofread the contract for any errors or omissions before finalizing. Platforms like uslegalforms can assist by offering structured templates that guide you through filling out contracts correctly.

To disclaim warranty of title in the Utah Agreement for Sale of Equipment, the seller can include a statement that explicitly denies any warranty regarding the ownership or title of the equipment. This statement should be clear and straightforward, ensuring the buyer understands that the seller cannot guarantee clear ownership. Including such a disclaimer can help prevent future disputes regarding ownership rights. Review your agreement carefully to ensure clarity in this area.

A disclaimer of warranty clause in the Utah Agreement for Sale of Equipment can clearly state that the seller provides no warranty regarding the quality or performance of the equipment. It may specify that the buyer accepts the equipment 'as-is' without any guarantees. This clause protects the seller from liability concerning defects or issues that may arise after the sale. Always consider seeking legal advice to ensure the clause meets your needs.

If a seller does not wish to be held to implied warranties, the seller may issue a disclaimer. A disclaimer is a renunciation of the promises contained in an implied warranty. Disclaimers are typically accomplished through conspicuous language regarding merchantability or "as is" language.

CAN YOU EVER DISCLAIM AN EXPRESS WARRANTY? Article 2 of the Uniform Commercial Code (UCC) recognizes both express warranties and implied warranties of quality in the sale of goods. Within specific limits, the UCC permits sellers to exclude or modify implied warranties.

The Uniform Commercial Code (UCC) permits sellers of goods to disclaim the implied warranty of merchantability. The UCC requires the disclaimer to be in conspicuous type. The disclaimer must expressly include the term "merchantability," as well.

To disclaim the warranty of merchantability in the relevant agreement, the written contract must contain a conspicuous disclaimer that either: (1) expressly identifies merchantability or (2) includes an expression stating that the goods are sold as is or with all faults.

To disclaim implied warranties, the seller must inform the buyer in writing that the seller would not be liable if the product is defective or does not perform as the buyer believed it would.

To disclaim the warranty of merchantability in the relevant agreement, the written contract must contain a conspicuous disclaimer that either: (1) expressly identifies merchantability or (2) includes an expression stating that the goods are sold as is or with all faults.

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