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Computer Bill of Sale
FOR GOOD AND VALUABLE CONSIDERATION, including the payment of $______, the receipt and sufficiency of which is hereby acknowledged, _____ ("SELLER") hereby sells and transfers to _______ ("BUYER") the following computer:
PURCHASE PRICE ($): or GIFT VALUE ($) AND RELATIONSHIP OF BUYER TO SELLER:
Details of the Computer (desktop)/Computer (laptop): ______
Model specification: ______
Technical specifications of the Computer: _______
Capacity of harddrive: ________
Amount of ram: ________
Make of CPU Processor: _______
Processor speed: _________
Monitor type and size: ________
CD/DVD: Yes ____ No ____
Warranty period of the computer: (if applicable) _______
Any software being provided? Yes ____ No ____
Is there a user Manual being provided: Yes ____ No ____
The SELLER warrants that it is the legal owner of the said computer, that the said computer is being sold free and clear of all claims and encumbrances.
That the SELLER has the full right and authority to sell and transfer same, and that the SELLER will hold harmless and indemnify the BUYER from all claims adverse thereto.
The SELLER has verified that the BUYER was of legal age to execute this contract on the date hereof.
Seller hereby warrants that (s)he is the lawful owner of said property and that (s)he has full legal right, power, and authority to sell said property.
Seller further warrants said property to be free of all encumbrances, liens, security agreements, claims, demands, and charges of every kind whatsoever and will warrant and defend the title to said property against any and all persons whomsoever.
Arbitration. Any disputes pertaining to said contractual arrangement being affairs that cannot be settled amicably shall be submitted to an arbitrator under the Rules of the American Arbitration Association or like organization in the City of [city], whose award may be reduced to judgment in any court of competent jurisdiction.
Severability. If any provision of this Bill of Sale shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Bill of Sale is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
Waiver Of Contractual Right. The failure of either party to enforce any provision of this Bill of Sale shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Bill of Sale.
Interpretation. This Bill of Sale will in all events be construed as a whole, according to its fair meaning, and not strictly for or against a party merely because that party (or the party's legal counsel) drafted the Bill of Sale. The headings, captions, and titles in this legal Bill of Sale are merely for reference and do not define, limit, extend, or describe the scope of this Bill of Sale or any provision herein. Unless the context requires otherwise, (a) the gender (or lack of gender) of all words used in this Bill of Sale includes the masculine, feminine, and neuter, and (b) the word including means including without limitation.
Advice Of Legal Counsel. Each individual party to this Bill of Sale represents and warrants to each other party that such party has read and fully understands the terms and provisions hereof, has had an opportunity to review this Bill of Sale with legal counsel, and has executed this Bill of Sale based upon such party's own judgment and advice of independent legal counsel.
Modifications. A modification or waiver of any of the provisions of this Bill Of Sale shall be effective only if made in writing and executed with the same formality as this Bill Of Sale. Failure of either party to insist upon strict performance of any of the provisions of this Bill Of Sale shall not be construed as a waiver of any subsequent default of the same or similar nature.
No Harassment. Both parties agree not to molest, harass, interfere with, or impose any restraint upon the other, except as set out in this Bill Of Sale.
Interpretation. This Bill Of Sale will in all events be construed as a whole, according to its fair meaning, and not strictly for or against a party merely because that party (or the party's legal counsel) drafted the Bill Of Sale. The headings, captions, and titles in this Bill Of Sale are merely for reference and do not define, limit, extend, or describe the scope of this Bill Of Sale or any provision herein. Unless the context requires otherwise, (a) the gender (or lack of gender) of all words used in this Bill Of Sale includes the masculine, feminine, and neuter, and (b) the word including means including without limitation.
Notices. Any notice to be given or to be served upon any party hereto must be in writing and may be given by certified or registered mail, but shall be deemed to have been given and received when a certified or registered letter containing such notice, properly addressed with postage prepaid, is deposited with the United States Postal Service. If notice is given in some manner other than by certified or registered mail, it shall be deemed to have been given when delivered to and received by the party to whom it is addressed, Such notices shall be given to the parties hereto at the following addresses:
If to the [Seller]:
[city, state, zip]
If to the [Buyer]:
[city, state, zip]
All such notices and communications shall be deemed to have been duly given when delivered by hand, if personally delivered; three (3) business days after deposit in any United States Post Office, postage prepaid, if mailed; when answered back, if faxed; and when receipt is acknowledge. Any party hereto may change its address for purposes of this paragraph by written notice given in the manner provided above.
Unenforceable Terms. Any provision hereof prohibited or unenforceable under any applicable law of any jurisdiction shall as to such jurisdiction be ineffective without affecting any other provision of this Bill of Sale. To the full extent, however, that the provisions of such applicable law may be waived, they are hereby waived to the end that this Bill of Sale be deemed to be a valid and binding Bill of Sale enforceable in accordance with its terms.
Execution In Counterparts. This Bill of Sale may be executed in several counterparts and when so executed shall constitute shall constitute one Bill of Sale binding on all the parties, notwithstanding that all the parties are not signatory to the original and same counterpart.
No Representations. Neither party has made any representations nor promises, other than those contained in this Bill of Sale or in some further writing signed by the party making the representation or promise.
Further Assurances. In connection with this Bill of Sale and the transactions contemplated hereby, each party to this Bill Of Sale will execute and deliver any additional documents and perform any additional acts that may be necessary or appropriate to effectuate and perform its obligations under this Bill Of Sale and the transactions contemplated hereby.
The said computer is being sold "as is" without any express or implied warranty as to condition or working order.
There is no warranty for any defect and all repairs are the responsibility of the BUYER unless the SELLER indicates any repairs for which he/she/they will pay and be responsible for.
If any repairs are to be made by the SELLER they will be listed here:
It is agreed that repairs to the computer as listed below (circle one) will / will not be made, and that the following accessories, upgrades, and/or aftermarket parts (circle one) will / will not be included:
BUYER HEREBY ASSUMES ALL LIABILITY AND COSTS REGARDING THE COMPUTER AND ANY HAZARDOUS MATERIALS ASSOCIATED THEREWITH OR OTHERWISE REGARDING THE EQUIPMENT NOT BEING IN COMPLIANCE WITH APPLICABLE LAWS, REGULATIONS, RULES OR PERMITS, EVIRONMENTAL OR OTHERWISE. BUYER FURTHER ASSUMES ALL LIABILITY AND COSTS REGARDING THE EXISTENCE OR PRESENCE OF ANY ADVERSE PHYSICAL CONDITIONS ASSOCIATED WITH THE COMPUTER, INCLUDING BUT NOT LIMITED TO, NATURAL OCCURRING RADIOACTIVE MATERIALS ("NORM").
BUYER HEREBY EXPRESSLY RELEASES SELLER FROM, AND AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS SELLER AGAINST ANY AND ALL LIABILITIES, CLAIMS, CAUSES OF ACTION OR RIGHTS OF ACTION OF EVERY KIND OR CHARACTER ARISING OUT OF, INCIDENT TO OR ON INCONNECTION WITH THE OWNERSHIP, USE, MAINTENANCE, HANDLING OR RESALE OF THE COMPUTER FROM AND AFTER THE DATE OF THIS COMPUTER BILL OF SALE.
BUYER HEREBY WAIVES THE PROVISIONS OF THE ____ (STATE) DECEPTIVE TRADE PRACTICES ACT, CHAPTER 17, SUBCHAPTER E, SECTIONS 17.41 THROUGH 17.63, INCLUSIVE (OTHER THEN SECTION 17.555, WHICH IS NOT WAIVED), OF THE ____ (STATE) BUSINESS AND COMMERCE CODE TO THE EXTENT OTHERWISE APPLICABLE TO THIS COMPUTER BILL OF SALE.
SELLER and BUYER declare under penalty of perjury that to the best of their knowledge all disclosures to each other in connection with the above transaction, and all other information on this Computer Bill Of Sale, is true and correct.
IN WITNESS WHEREOF, the Parties have executed this Computer Bill Of Sale on this ____ day of ____, 20 _.
Seller Name(s): _______
Seller Signature(s): ______
Seller Street Address(es): ______
City: _____ State: ____ Zip Code: __
Date Signed: __/__/__
Buyer Name(s): ________
Buyer Signature(s): ______
Buyer Street Address(es): ______
City: ____ State: ____ Zip Code: __
Date Signed: __/__/__
Witnessed by: ________
Witness Signature(s): ______
Witness Street Address(es): ______
City: ____ State: ____ Zip Code: __
*** If Required By State Law ***
This Section for Notary:
State of _________
County of ________ [COUNTY]
On [DATE] before me, [NAME OF NOTARY], notary, personally appeared [NAME OF PERSON(S) INVOLVED], personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
Witness my hand and official seal.
My commission expires: _____