Dieselwelder
New member
Tx
Ok I bought some used equipment from a rental company that upon initial inspection looked good. After purchasing and going into deeper inspection I found that it was neglected and about to give out.
The contract states that they are relieved of any reliability and is sold "as is".
Last part of contract to me seems like that would make the "as is" statement invalid and reads:
Except where prohibited by state law, customer waives and releases "said company" of and all obligations, liabilities, rights, claims and remedies, IN TORT or otherwise relating to the equipment or this sale, whether arising out of the use, possession, operation, sale, lease, assembly or disassembly of the equipment, or out of "said company"s negligence or strict or product liability, or otherwise.
What I'm getting out of the whole statement after in tort is that if it was sold and has been found neglected by the rental company then the part of them not being responsible would become invalid.
Could someone please tell me if I'm right because I need them to start bearing around the bush with me.
Ok I bought some used equipment from a rental company that upon initial inspection looked good. After purchasing and going into deeper inspection I found that it was neglected and about to give out.
The contract states that they are relieved of any reliability and is sold "as is".
Last part of contract to me seems like that would make the "as is" statement invalid and reads:
Except where prohibited by state law, customer waives and releases "said company" of and all obligations, liabilities, rights, claims and remedies, IN TORT or otherwise relating to the equipment or this sale, whether arising out of the use, possession, operation, sale, lease, assembly or disassembly of the equipment, or out of "said company"s negligence or strict or product liability, or otherwise.
What I'm getting out of the whole statement after in tort is that if it was sold and has been found neglected by the rental company then the part of them not being responsible would become invalid.
Could someone please tell me if I'm right because I need them to start bearing around the bush with me.