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Notice to Buyers
AMD's Sales/Transfer Agreement and Disclaimer
AMD's Sales/Transfer Agreement and Disclaimer
Buyers will be required to sign this document prior to AMD releasing equipment
THIS AGREEMENT is made and shall be considered effective as of the ________ day of _________________________, 2001, between Advanced Micro Devices, Inc., a Delaware corporation with its principal place of business at One AMD Place, Sunnyvale, California, 94088 (hereinafter referred to as "AMD"), and __________________________________________________________ _____________________________________________________________________, whose address is _________________________________________________________________________ (hereinafter referred to as "Recipient").
1. Recipient wishes to purchase from AMD or to receive as a donation from AMD the used item(s) identified hereinbelow.
2. Recipient represents that the item(s) will be used in accordance with the original manufacturer's intended use of same. Recipient fully assumes any and all risks associated with the sale or transfer, transportation, installation and use of the item(s).
3. Recipient acknowledges it has been informed of AMD's prior use of the item(s) and that in its/their current state the item(s) may contain residue from hazardous and/or toxic substances. If applicable, Recipient will take all steps necessary to properly and adequately warn, educate, train and supervise its employees, agents and any other third parties who come in contact with the item(s), including without limitation, Recipient's successors and assigns, regarding the possible presence of hazardous or toxic residue in and on the item(s), and of the need to take special handling precautions prior to transporting, using or otherwise handling the item(s).
4. AMD warrants that it has full right and title to the item(s) and no liens or encumbrances exist thereto. THE PARTIES FURTHER AGREE THAT THE ITEM(S) SOLD OR TRANSFERRED IS/ARE PROVIDED ON AN "AS IS" BASIS, WITH ALL FAULTS AS THEY STAND. THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED (EXCEPTING THE WARRANTY OF TITLE), ARE EXPRESSLY DISCLAIMED AND ARE EXCLUDED FROM THE TRANSACTION AND SHALL NOT APPLY TO THE ITEM(S) SOLD OR TRANSFERRED BY DONATION. RECIPIENT AGREES THAT IN NO EVENT WILL AMD BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES.
5. TITLE TO THE ITEM(S) AND RISK OF LOSS THEREOF SHALL PASS IMMEDIATELY TO RECIPIENT WHEN RECIPIENT TAKES CONTROL OF THE ITEM(S) AT ITS/THEIR THEN CURRENT LOCATION. RECIPIENT AGREES TO DEFEND, INDEMNIFY AND OTHERWISE HOLD AMD HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY OF ANY NATURE WHATSOEVER, INCLUDING PERSONAL INJURY OR HARM TO RECIPIENT'S EMPLOYEES, CONTRACTORS OR TO THE RECIPIENT'S ULTIMATE END-USERS, OR TO AMD'S EMPLOYEES OR TO ANY THIRD PARTIES, RESULTING FROM THE TRANSFER, USE AND/OR TRANSPORTATION OF THE ITEM(S) FROM AMD PREMISES. IN ADDITION, RECIPIENT AGREES TO PAY FOR ANY AND ALL DAMAGE TO THE PROPERTY OR PREMISES OF AMD DURING THE TRANSPORTATION PROCESS.
6. Recipient acknowledges that the item(s) sold or transferred under this Agreement could be controlled by U.S. Department of Commerce Export Administration Regulations and hereby assumes all responsibility for compliance with same.
7. Recipient shall purchase or receive as a donation from AMD the item(s) identified below. Manufacturer Model No. Part No. Serial No. Price (unless donated)
8. Purchase price, if any, is due by certified or cashier's check immediately upon execution of this Agreement. Following payment, AMD shall make the item(s) available to Recipient's designated common carrier at AMD's facility located at ________________________________________________________________________ for shipment to Recipient's facility located at ____________________________________________________________ _________________________________________________________________.Recipient shall assume responsibility for any and all expenses, charges and related insurance costs associated with the transportation, installation and maintenance of the item(s) upon AMD's delivery of the item(s) to the Recipient or Recipient's common carrier.
9. The entire agreement of the parties is embodied in this document. This writing constitutes the final expression of the parties' agreement and is a complete and exclusive statement of the terms of that agreement and supersedes any and all previous written and oral communications. This Agreement can be amended or modified only by a subsequent writing signed by both Recipient and AMD.
10. If any provision of this Agreement is held invalid by law, rule, order or regulation of any government or by the final determination of any court, such invalidity shall not affect the enforceability of any other valid provision.
THIS AGREEMENT has been signed by the duly-authorized representatives of the parties (or their designees) in two identical copies of which each party has taken one.
| RECIPIENT _________________________________________ |
ADVANCED
MICRO DEVICES, INC _________________________________________ |
| Authorized
Signature _________________________________________ |
Authorized
Signature _________________________________________ |
| Printed
Name _________________________________________ |
Printed
Name _________________________________________ |
| Title _________________________________________ |
Title _________________________________________ |
| Date |
Date |
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