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  • Description and Quantity:

    INSTORAGESEARCH LLC, or any of its affiliates or assigns herein known as “Seller” will transfer and sell containers herein known as “Equipment” as described in this and herein known as “Sales Agreement” to the purchaser or buyer of Equipment herein known as “Buyer” and Buyer will accept and pay for the Equipment at the quantities and prices specified on the invoice referenced to above and any supplements as may be attached hereto.

  • Title Transfer:

    Upon final payment, title to the Equipment passes to Buyer. Upon Buyer signing this Sales Agreement and the Equipment is officially released to the Buyer, all risk of loss or damage to the Equipment or liability arising as a result of the ownership thereof shall pass to Buyer. Buyer shall indemnify and save Seller harmless from and against all claims and suits (including all expenses and attorney’s fee) for loss of damage to property of cargo of any person and for personal injury (including death) to any person arising out of or incident to the ownership, possession, operation, control, use or maintenance of the Equipment arising after delivery of the Equipment to Buyer.

  • Price and Term:

    The total purchase price as designated on the sales invoice shall be paid to Seller by Buyer at the time Buyer signs this contract and prior to delivery of any Equipment to Buyer unless otherwise agreed and posted on the sales invoice. All past due accounts will be charged a 1.8 percent late fee per month.

  • No warranties:

    notwithstanding anything to the contrary contained herein, the equipment sold under agreement is purchased by buyer on an “as is, where is” basis without covenant or warranty by seller of any kind, express or implied, including without limitation, warranties of merchantability, fitness for particular purpose or condition of the equipment.

  • Delivery:

    Buyer is responsible for any transportation fees (dry run or stand by time) if upon delivery to Buyer there are any conditions preventing or impeding the delivery of the container. In the case of a dry run, the quoted delivery charge will apply. Thirty minutes is allotted for dropping the container at a delivery site. Should that time extend thirty minutes, the Buyer will be charged for stand by time at a rate of $100.00 per hour billed out in fifteen minute increments. Failure on the part of Buyer to pick up Equipment by the delivery/pick up date on the Sales Agreement may result in the forfeiture of any fees paid by Buyer to Seller, for any Equipment that has not been picked up.



  • Indemnification and Liability:

    Buyer assumes all risk and liability due to any cause, for the loss of or damage to the container, for the death of or injury to any person or property of another, and for all other risks and liabilities arising from the use, condition, possession, or storage of the container. Buyer agrees to indemnify, defend, and hold harmless Seller, its agents, employees, officers, directors, shareholders, attorneys and insurance carriers from all claims, losses, or damage Seller may sustain for any of the following reasons: (a) loss of, or damage to, any container by any cause; (b) injury to, or death of, any person including, but not limited to agents or employees of Buyer; (c) damage to any property arising from the use, possession, delivery, return or condition of any container. Buyer has sole liability for, and must reimburse Seller for, all expenses, losses, liabilities, fines, penalties, and claims of every type, including reasonable attorneys’ fees and costs imposed by any governmental or regulatory agency or entity by virtue of Buyer’s use of any container, or because of the failure by Buyer to perform any of the terms in this Agreement.

  • Taxes:

    Any sales, transfer, excise or other taxes applicable to the sale and delivery of the Equipment shall be borne by the Buyer.

  • Binding Effect:

    This Sales Agreement shall become effective only upon acceptance by an authorized representative of INSTORAGESEARCH LLC.

  • Applicable Law:

    This contract and all the rights and obligations of the parties hereto, shall be governed by, and construed in accordance with the laws of the State of Delaware, U.S.A.

  • Circumstances Constituting Default:

    Seller, by this Agreement has officially notified Buyer upfront, that Buyer is obligated to keep their account current. Buyer is automatically declared to be in default if Buyer has any portion of any outstanding invoice unpaid or underpaid as determined by Seller pursuant to this Agreement. Rights, Remedies and Obligations on Default within this Agreement allows Seller the right to repossess its container at the full expense of Buyer. Additionally, Seller may, at its option, declare Buyer in default by giving Buyer written notice of default on the occurrence of any of the following events: (a) failure by Buyer to perform any of its obligations as set forth in this Lease; (b) involuntary transfer of Buyer’s interest pursuant to this Agreement if there is any unpaid balance in Buyer’s account with Seller; (c) institution by or against Buyer of bankruptcy, insolvency, reorganization, receivership, trusteeship, or any assignment by Buyer for the benefit of creditors if there is any unpaid balance in Buyer’s account with Seller .

  • Rights, Remedies, and Obligations on Default:

    If Buyer defaults whether Buyer has been notified of the default or not by Seller and such default remains uncured for a period of 15 days, Seller may exercise any one or more of the following remedies: (a) terminate the Agreement and Buyer’s rights under this Agreement; (b) declare immediately due and payable all unpaid amounts (whether or not accrued as of such date) and all other charges due under this Agreement including, without limitation, all reasonable expenses of costs of collection, enforcement, repossession, sale and maintenance (including reasonable attorneys’ fees); (c) assess a default fee of two hundred fifty dollars and default interest on any past due rental payments at the rate of 1.8% per month from the date of default; (d) exercise and enforce any and all rights and remedies available upon default to a secured party under the UCC (as defined below) including the right to remove and repossess the Collateral (as defined below), or any evidence thereof, proceeding without judicial process or by judicial process (without a prior hearing or notice thereof, which Buyer hereby expressly waives) and the right to sell, lease or otherwise dispose of any or all of the Collateral (with or without giving any warranties as to the Collateral, title to the Collateral or similar warranties), and, in connection therewith, Buyer will on demand assemble the Collateral and make it available to Seller at a place to be designated by Seller which is reasonably convenient to both parties; and (e) exercise any other rights and remedies available to Seller by any other law or agreement. If after reasonably attempting to repossess the container in question, the Seller is unable to repossess the container for whatever reason the Buyer will be responsible to pay for the replacement cost of the container which is not to be less than $3,500 per container plus any and all other fees as described in this section. In order to satisfy all state laws, the terms within this Agreement will be considered the official notice of repossession in advance of a delinquent Buyer. In other words Buyer is hereby put on notice that Seller has provided written notice of repossession upon any portion of Buyer’s account remaining delinquent for 75 days or more. Buyer has an additional 30 days to reclaim their possessions according to state laws and as described in this section. On day 31 past the initial 75 day delinquent period, Seller through a) due notice and b) through the cure period is legally entitled to dispose of any and all items within the container as Seller deems fit. Any repossession of one particular container under this Agreement with respect to which Buyer is in default does not constitute a termination of this Agreement as to any other containers, unless Seller expressly so notifies Buyer in writing. The remedies of Seller set forth herein are cumulative to the extent permitted by law and may be exercised partially, concurrently, or separately. Any failure or delay on the part of Seller to exercise any remedy or right under this Agreement is not a waiver. The failure of Seller to require performance of any of the terms, covenants, or provisions of this Agreement by Buyer will never constitute a waiver of any of the rights under the Agreement. No forbearance by Seller to exercise any rights or privileges under this Agreement is a waiver. If Buyer is in default, Buyer hereby pledges, assigns and grants to Seller a lien and security interest in the Collateral (as defined below), as security for the payment and performance of all of its obligations under this Lease. "Collateral" means all containers hereunder, all of Buyer’s Equipment, Inventory (as defined below), and goods from time to time located in, on, or around any container sold to Buyer including all accessions to any of the foregoing, all accessories, attachments, parts, equipment and repairs now or hereafter attached or affixed to any of the foregoing; all warehouse receipts, bills of lading and other documents of title now or hereafter covering any of the foregoing, and proceeds of any and all of the foregoing. "Equipment" means equipment, as such term is defined in the UCC, whether now owned or hereafter acquired, including but not limited to machinery, vehicles, furniture, fixtures, manufacturing equipment, com equipment, office and recordkeeping equipment, parts, tools, and supplies. "Inventory" means inventory, as such term is defined in the UCC, whether now owned or hereafter acquired, whether consisting of whole goods, spare parts or components, supplies or materials, whether acquired, held or furnished for sale, for lease or under service contracts or for manufacture or processing. "UCC" means the Uniform Commercial Code as in effect in the state of Delaware (as the state whose laws shall govern this Lease) or in any other state whose laws are held to govern this Agreement or any portion hereof.