Fillable Printable Equipment Bill of Sale - Delaware

Equipment Bill of Sale - Delaware

BILL OF SALE

THIS BILL OF SALE, dated this ____ day of _____________ 200_, is between

APACHE CORPORATION, a Delaware corporation (“Seller”), with offices at 2000 Post Oak

Boulevard, Suite 100, Houston, Texas 77056, and ____________________________, a _______

_________________ (“Buyer”), with offices at _______________________________________.

Seller and Buyer may be herein referred to individually as a “Party” and collectively as the

“Parties.”

WHEREAS, Buyer has agreed to purchase from Seller, and Seller has agreed to sell to

Buyer, ________________________________________ located at _______________________

(the “Equipment”) as such is identified in Buyer’s Purchase Order #___________ dated

________ (attached hereto and made a made hereof); and

WHEREAS, the Parties have agreed that the purchase price for the Equipment shall be

$___________ (the “Purchase Price”);

NOW THEREFORE, for, and in consideration of, the Purchase Price to be paid by Buyer

to Seller hereunder, and for other good and valuable consideration, the receipt and sufficiency of

which are hereby acknowledged, Seller and Buyer do hereby agree as follows:

Upon the execution of this Bill of Sale, Buyer shall tender payment of the Purchase Price

to Seller. Subject to the tender of such payment, Seller does hereby grant, bargain, sell, transfer,

assign and convey to Buyer all of Seller’s right, title and interest in and to the Equipment upon

the terms and conditions set forth herein. Upon the tender of the Purchase Price to Seller, Seller

shall release the Equipment to Buyer.

THIS BILL OF SALE IS MADE BY SELLER AND ACCEPTED BY BUYER

WITHOUT ANY WARRANTY OF TITLE, EXPRESS OR IMPLIED.

THE EQUIPMENT CONVEYED BY THIS BILL OF SALE IS SOLD BY SELLER

AND ACCEPTED BY BUYER ON AN “AS IS, WHERE IS” BASIS WITH ALL FAULTS.

SELLER EXPRESSLY DISCLAIMS AND NEGATES ANY IMPLIED OR EXPRESS

WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE

AND ANY IMPLIED OR EXPRESS WARRANTIES AGAINST DEFECTS, WHETHER

PATENT, LATENT OR OTHERWISE.

BUYER HEREBY ASSUMES ALL LIABILITY AND COSTS REGARDING THE

EQUIPMENT 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 EQUIPMENT, 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 EQUIPMENT FROM AND AFTER

THE DATE OF THIS BILL OF SALE.

BUYER HEREBY WAIVES THE PROVISIONS OF THE TEXAS 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

TEXAS BUSINESS AND COMMERCE CODE TO THE EXTENT OTHERWISE

APPLICABLE TO THIS BILL OF SALE.

Buyer shall be responsible for removal and transportation of the Equipment from

________________________ at its sole cost, risk and expense.

This Bill of Sale is binding upon and shall inure to the benefits of Seller and Buyer and

their respective successors and assigns.

Each Party hereby represents that it is fully authorized to enter into this Bill of Sale and

that upon full execution hereof, this Bill of Sale shall constitute a binding agreement between the

Parties.

This Bill of Sale shall be governed by and construed in accordance with the laws of the

state of Texas, without regard to any conflicts of law principles that would otherwise require the

application of any other law. Moreover, Buyer and Seller irrevocably consent to the personal

jurisdiction of the federal and/or state courts located in Houston, Texas, and unconditionally

agree that any and all claims, disputes and/or controversies arising out of or related to this Bill of

Sale shall be adjudicated in the federal or state courts located in Houston Texas.

This Bill of Sale may be executed in multiple counterparts, each of which shall be

deemed to be an original, but all of which together shall constitute but one and the same

instrument.

This Bill of Sale contains the entire agreement of the Parties concerning the subject

matter hereof and may not be contradicted by evidence of any prior agreements, written or oral.

WHEREFOR, this bill of sale is executed by the Parties as of the date first written above.

SELLER: BUYER:

APACHE CORPORATION ___________________________

BY: ____________________________ BY:________________________

Name:

Title: Title:

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