Equipment Purchase Agreement
Customer hereby appoints, and, Vendor hereby accepts appointment as agent for Customer for the purchase of the hardware, software, and, any other physical item hereinafter described as Third-Party Products as described in the attached Proposal / Invoice.
It is hereby agreed and acknowledged by between the Customer and the Vendor, that:
- The Third Party Products are being purchased by Vendor only as agent for Customer;
- At no time will Vendor be considered as the owner of said Third Party Products, INCLUDING SUCH TIMES AS VENDOR RELIES ON ITS CREDIT
- TO TAKE DELIVERY OF THE THIRD PARTY ITEM ON CUSTOMER’S BEHALF. The provisions Ohio Revised Code section 1302.42(B) are expressly waived by Customer and title to any Third Party Product vests in/on Customer upon possession of said product by Vendor as agent for Customer;
- Any required registration of any of the Third Party Products will be made by Vendor in Customer’s name as agent for the purchase of the Third Party Products; and,
- Third Party Products may carry a limited warranty from the third-party publisher, provider or original manufacturer of such Third Party Products. The vendor is not of any Third Party Product warranty or for problems attributable to the use of Third Party Products. The vendor does not warrant that any Product will function in any specific configuration Party Products, or that any Product will function to produce a particular result, even if the specific configuration or the result has been discussed with Vendor. ALL THIRD PARTY PRODUCTS ARE ON AN “AS IS” BASIS.
Warranty Disclaimer. EXCEPT AS PROVIDED FOR IN PARA. 6 OF THE INFORMATION TECHNOLOGY MASTER SERVICES AGREEMENT AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, VENDOR (INCLUDING AFFILIATES, CONTRACTORS, AND OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, SUCCESSORS AND ASSIGNS), ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS (COLLECTIVELY PARTIES), DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS WITH RESPECT TO THE PRODUCTS AND SERVICES, INCLUDING IMPLIED WARRANTIES OR CONDITIONS NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.