Hardware Purchase Agreement
Purchase and Sale of Equipment. (“Purchaser”) shall pay and transfer to Movatic, Inc, a Michigan limited liability company (“Movatic”) the purchase price for the equipment (“Equipment”), each as listed on the attached invoice. Upon payment of the purchase price, Movatic shall sell, convey, assign, and transfer to Purchaser, and Purchaser shall purchase and acquire from Movatic all right, title, and interest in and to all of the Equipment subject to the terms set forth in these Terms and Conditions (“Agreement”). The Equipment may not be returned, no refunds will be issued after payment for the Equipment, and sale of the Equipment is final. Payment of acceptance of the invoice shall constitute acceptance of the terms set forth herein.
Collection. Movatic is responsible for shipping and transferring the Equipment to Purchaser from the last known locations, a list of which will be provided by Movatic. Purchaser is solely responsible for all costs, fees, expenses, fines, and/or other charges incurred, including but not limited to shipping expenses, that may arise therefrom, or in connection with such activities or otherwise acquiring or obtaining the Equipment.
License. Movatic shall license, or cause to be licensed on behalf of one of its affiliates, the Movatic application (“Application”) to Purchaser for a period of thirty (30) days from the date hereof solely for Purchaser’s internal use to unlock the Equipment and prepare it for Purchaser’s intended use. The license is royalty-free, paid-up, limited, non-transferrable, and non-sublicensable. After this period, Movatic grants Purchaser a license to the Application, subject to the Application’s terms and conditions located at https://legal.movatic.co/platform-tos (“Terms”). All hardware purchased from Movatic is design, and configured to work with the Movatic platform. The customer agrees as part of the purchase not to attempt to modify physically or digitally any purchase to work with another Application.
Waiver of Inspection; No Warranty. The purchaser expressly waives any and all right and opportunity to inspect, audit, or otherwise view the Equipment prior to the Closing Date. EXCEPT AS MAY BE EXPRESSLY STATED IN THIS AGREEMENT, MOVATIC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE CONDITION OR PERFORMANCE OF THE EQUIPMENT, ITS MERCHANTABILITY, OR ITS FITNESS FOR A PARTICULAR PURPOSE, OR WITH RESPECT TO PATENT INFRINGEMENT OR THE LIKE. EXCEPT AS MAY BE EXPRESSLY STATED IN THIS AGREEMENT, MOVATIC IS CONVEYING THE EQUIPMENT “AS IS”, “WHERE-IS”, “WITH ALL FAULTS”, AND MOVATIC HAS NO MAINTENANCE OR REPAIR OBLIGATIONS AS TO THE EQUIPMENT WHATSOEVER. PURCHASER IS NOT RELYING ON ANY STATEMENT, REPRESENTATION, WARRANTY, OR DISCLOSURE BY Movatic OR ITS AGENTS, EMPLOYEES, OFFICERS, CONTRACTORS, OR OTHER REPRESENTATIVES REGARDING THE EQUIPMENT THAT IS NOT EXPRESSLY STATED IN THIS AGREEMENT. Notwithstanding anything to the contrary in this Agreement: (a) Movatic’s liability for direct damages shall not exceed the total amount paid to Movatic for the Equipment, and (b) in no event will Movatic be liable under any theory of recovery or for any claim for indirect, incidental, special, punitive or consequential damages (including lost profits or a lo (“Purchaser”) shall pay and transfer to Movatic, Inc, a Michigan limited liability company (“Movatic”) the purchase price for the equipment (“Equipment”), each as listed on the attached invoice. Upon payment of the purchase price, Movatic shall sell, convey, assign, and transfer to Purchaser, and Purchaser shall purchase and acquire from Movatic all right, title, and interest in and to all of the Equipment subject to the terms set forth in these Terms and Conditions (“Agreement”). The Equipment may not be returned, no refunds will be issued after payment for the Equipment, and the sale of the Equipment is final. Payment of acceptance of the invoice shall constitute acceptance of the terms set forth herein.st business opportunity).
Asset Configuration Locked. All assets purchased through Movatic are configured and designed to work exclusively with the Movatic platform. Any attempt to hack, modify or alter a device to work with another software platform is strictly forbidden and violates the terms of the purchase. Movatic shall in no case provide support in the hacking, modification, or alternation of any device purchased.
Governing Law; Disputes and Remedies. This Agreement shall be governed by the laws of the State of Michigan without reference to conflict of laws principles. The Parties agree that any disputes or litigation arising under, arising from, or related to this Agreement, the Equipment, and/or the subject matter hereof shall be brought and remain only in either the U.S. District Court for the Eastern District of Michigan or the courts for the County of Washtenaw, Michigan.
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