Contract of Sale Agreement
Contract of Sale/Agreement
The equipment, gear and/or materials purchased on the Stage Dealer, LLC (“STAGE DEALER”) website (https://stagedealer.com/ ) and/or identified in a contract of sale and invoice and any materials attached thereto (“Agreement”) is referred to as the “Equipment,” and that by purchasing the Equipment pursuant to the terms of this Agreement, you and STAGE DEALER agree as follows:
1. You and STAGE DEALER agree that the Equipment being purchased by you under this Agreement is sold strictly on an “AS-IS” basis and that STAGE DEALER makes no representation or warranty, express or implied, with respect to the Equipment and or the condition of the Equipment. In addition, you acknowledge and agree that STAGE DEALER makes no representation or warranty that the Equipment will be merchantable or fit for any particular purpose. The only representation or warranty that is made by STAGE DEALER is the warranty that STAGE DEALER is the sole and rightful owner of the Equipment being sold to you. You agree that you will not make use of any trademarks, labels, distinctive markings, or designs that may appear on the Equipment.
2. As the purchaser of the Equipment, you acknowledge and agree that you, and not STAGE DEALER, assume any and all risks and liability whatsoever resulting from the purchase, use or misuse of the Equipment. Further, you acknowledge and agree that STAGE DEALER will have no liability to you or any other entity with respect to the Equipment and the use or misuse of the Equipment. In addition, STAGE DEALER shall have no liability for indirect, incidental or consequential damages to you or any other entity.
3. You acknowledge and agree that you are responsible for obtaining qualified instruction and for learning the proper techniques for the installation and/or use of the Equipment. You hereby assume all risk, and accept all responsibility for any and all damages and injuries of any kind resulting from any use and/or misuse of the Equipment.
4. You agree to defend, indemnify, and hold harmless STAGE DEALER, its affiliates, and their respective officers, directors, employees and agents, from and against any damages, losses, liability, claims, costs, actions or demands, (including, without limitation, reasonable legal fees and costs), arising from, related to or caused by your purchase, use or misuse of the Equipment, including for any property damage, injury, sickness and/or death.
5. You hereby fully and unconditionally release, STAGE DEALER its affiliates, and their respective officers, directors, employees and agents, from and against any damages, losses, liability, claims, costs, actions or demands, (including, without limitation, reasonable legal fees and costs), arising from, related to or caused by your purchase, use or misuse of the Equipment, including for any property damage, injury, sickness and/or death. You hereby assume the above mentioned risks and agree that this Agreement shall apply to all unknown or unanticipated results of this transaction and occurrences described above, as well as those known and anticipated, and upon advice of counsel, you hereby knowingly waive any and all rights and protections under California Civil Code Section 1542, which section has been duly explained and read as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
6. Any controversy arising out of this Agreement and/or the Equipment shall be governed by applicable federal and the laws of the State of Florida, applicable to contracts entered into and performed therein, and you and STAGE DEALER hereby submit and consent to personal jurisdiction in the State and federal courts located in the State of Florida with the exclusive venue in Broward County.
7. You acknowledge that your signature to this Agreement shall bind you and your affiliates to the terms of this Agreement.