This agreement is made as of this______day of _______, 20__, by
and between The General Hospital Corporation, a Massachusetts corporation,
having its principal place of business in Boston, Massachusetts
("Seller") and ______________________, having its principal
place of business in__________________________ ("Buyer").
In consideration of the promises and mutual covenants herein contained,
the parties hereby agree as follows:
Seller shall, and hereby does, sell, and Buyer shall, and hereby
does, buy miscellaneous medical equipment (the "equipment")
listed on Schedule A to this agreement. The total purchase price
for all equipment is $0.00.
Buyer shall arrange for pick up and removal of Equipment at Buyer's
expense at a mutually agreed upon date and time.
The Equipment is sold AS IS, WITHOUT WARRANTY OF ANY KIND, EXPRESSED
OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE.
Buyer has had opportunity to fully examine the Equipment and has
conducted such examination or has refused to conduct such examination.
Seller is aware of, and has informed Buyer of the defects in the
Equipment, if any, listed on Schedule B to this agreement.
Buyer warrants and represents that the Equipment is not being
bought, and shall not be used for personal, family, or household
purposes.
Buyer acknowledges that Seller has made no representations regarding
the Equipment other than as included in this agreement.
Buyer releases and indemnifies Seller for any and all damages,
liabilities, costs, and judgements as a result of any third party
action brought against the Seller arising out of the use of the
Equipment.
This agreement is the final, complete, and exclusive statement
of the agreement between the Parties. No terms, conditions, understanding,
usages of trade, courses of dealing or agreements purporting to
modify, vary, explain, or supplement this Agreement shall be binding
unless and until made in writing and signed by the Parties. Buyer
shall comply with all applicable laws, rules, regulations, standards,
and manufacturer's instructions relating to the export , sale, transfer,
disassembly, removal, transportation, repair, operation, resale,
or disposal of the Equipment. The validity, interpretation, and
performance of this Agreement shall be governed by and construed
in accordance with the laws of the Commonwealth of Massachusetts.
IN WITNESS WHEREOF, the Parties have caused their authorized representatives
to execute this Agreement.
The General Hospital Corporation
BY:______________________________
TITLE:______________________________
DATE:______________________________
_____________________Corporation
BY:______________________________
TITLE:______________________________
DATE:______________________________
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