The Buyer hereby acknowledges that the Buyer has been given the opportunity to inspect the Good or, in the alternative, to have the Good inspected by a third party.
All communications made or notices given pursuant to this Agreement shall be in the English language. Only an additional written agreement can constitute waiver of any of the terms of this Agreement between the Parties.
Buyer and Seller each agree that the Good is being sold "as is", without any warranty of any kind, either express or implied, regarding the condition of the Good. Seller expressly disclaims any implied warranties of merchantability or of fitness for a particular purpose, except for those warranties that are expressly set out in this Agreement or as are required by law.
None of the terms of this Agreement shall be deemed to have been waived by any act or acquiescence of either Party. Nothing in this Agreement, including any disclaimer of warranties by the Seller, will affect the terms of any applicable warranties by the manufacturer of the Good.
V that the Good is free of any encumbrances or adverse interests whatsoever whether legal, equitable or otherwise. Unless expressly provided in this Agreement, any rights, remedies or powers which a Party acquires under this Agreement are cumulative and apply in addition to any rights, remedies or powers which that Party may otherwise have.
III that the Seller is duly authorised to enter into this Agreement. Both Parties consent to jurisdiction under the state and federal courts within New South Wales. I that there are no legal restrictions preventing the Seller from entering this Agreement; II that the Seller is the sole legal and beneficial owner of the Good.
The Seller hereby covenants to defend the title of the Good s against any and all claims and demands raised by any other party in relation to ownership rights in the Good s.
Failure of either Party to enforce any term of this Agreement shall not constitute waiver of such term or any other term. Each Party must, and must ensure that its employees, agents and representatives, do all things and sign, execute and deliver all documents, agreements and instruments as reasonably required in order to give effect to this Agreement and to the rights and obligations of the Parties created under this Agreement.
IV that the Seller will promptly provide to the Buyer duly executed versions of any and all documents or forms as are required in order to transfer title in the Good free of any encumbrances or adverse interests whatsoever.
This Agreement may be executed in counterparts, all of which shall constitute a single agreement. Additionally, the Buyer has accepted the Good in its existing condition. If the dates set forth at the end of this document are different, this Agreement is to be considered effective as of the date that both Parties have signed the agreement, which may be the later date.
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This Agreement shall be governed in all respects by the laws of New South Wales and any applicable federal law. No waiver of any term or provision of this Agreement shall constitute a waiver of any other term or provision or of the same provision on a future date.
Unless expressly provided in this Agreement, nothing in this Agreement shall in any way reduce, extinguish, postpone or otherwise limit any right, remedy or power which that Party may have. In this Agreement, the following definitions apply: In this Agreement, unless the context otherwise requires, the following rules of interpretation shall apply:X.
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