Surplus Semiconductor Fabrication and Test Equipment
Private Treaty Assets Immediately Available for Negotiation
2003 Cameca LEXFAB-300 Shallow Probe *SOLD*
Discount: 2% This discount will be applied if we receive payment by cash, cheque or wire transfer within 72 hours of close.
VAT/Tax: Refer to invoice
Inspection details: By appointment only
Currency: United States Dollars
Sales agent: GoIndustry DoveBid, Inc.
TERMS AND CONDITIONS OF SALE
1. ALL ASSETS ARE SOLD AS IS, WHERE IS AND WITH ALL FAULTS. ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING THOSE AS TO THE NATURE, QUALITY, QUANTITY, VALUE OR CONDITION OF ANY ASSET, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE HEREBY EXCLUDED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. The Buyer acknowledges that any software or intellectual property rights attaching to an asset or assets may not be the property of the Seller or capable of transfer by the Seller. Neither the Seller nor GoIndustry DoveBid is in any way authorising the use by the Buyer of such software or intellectual property rights and any use of such software or exploitation of such intellectual property rights shall be at the Buyer's sole risk.
2.Illustrations, pictures or videos posted on GoIndustry DoveBid’s website or otherwise provided by the Seller or GoIndustry DoveBid are for the convenience of the Buyers only. GoIndustry DoveBid has used its reasonable endeavours to ensure that the description of each asset(s) appearing on the Site is accurate, but the Buyer relies upon such description at its own risk. Buyers should satisfy themselves prior to the sale as to the condition of the asset and should exercise and rely on their judgment as to whether the asset accords with its description at their own risk. Subject to the obligations accepted by GoIndustry DoveBid under these Terms and Conditions, neither the Seller nor GoIndustry DoveBid nor any of their respective employees or agents are responsible for errors of description or for the genuineness or authenticity of any asset
3. By submitting an offer, the Buyer represents, warrants and undertakes that it has the authority and capacity to make such an offer and purchase the assets and that any offer that it makes constitutes an irrevocable offer to buy the assets for the full offer amount upon these terms and conditions and such additional terms and conditions (if any) as may be imposed by the Seller. For the purposes of these terms and conditions, we refer to any person or entity registering to offer or offering to buy goods as a "buyer" regardless of whether any contract of sale is concluded.
4. A discounted Buyer's premium of 16% of the bid price will be added to the purchase price for each asset for Buyers who pay in the form of cash, cashier's check, company check (with a letter of guarantee) or wire transfer within 72 hours from receipt of GoIndustry DoveBid’s invoice; the full Buyer's premium of 18% shall apply for Buyers who pay via credit card and all other Buyers that do not remit payment within 72 hours from receipt of GoIndustry DoveBid’s invoice.
5. Collection of applicable sales, value added or similar taxes will be in accordance with the laws of the jurisdiction in which the assets are located. The Buyer is advised to seek its own tax advice. The Buyer agrees that invoices may be issued in electronic form by email or otherwise.
6. Full payment of the balance of the purchase price is due by the date stipulated on the invoice and in any event prior to removal of any purchased assets. In the event that a Buyer fails to pay the entire purchase price (in addition to the Buyer's premium and any applicable sales, value added or similar tax) within the time specified by GoIndustry DoveBid or otherwise fails to comply with these Terms and Conditions, GoIndustry DoveBid and the Seller will retain the deposit as liquidated damages without notice. GoIndustry DoveBid and the Seller reserve the right to resell such assets without notice, and the defaulting Buyer shall be liable to GoIndustry DoveBid and the Seller for any resulting deficiency, including costs incurred in storing and reselling such assets.
7. GoIndustry DoveBid shall have no responsibility to disconnect utilities to the sold asset, including electric, gas, waste and water lines. It is the Buyer's sole responsibility to arrange and pay for the removal, shipment and insurance of purchased assets. Also, it is the Buyer's responsibility to provide, and/or ensure their agent(s) performing removals on their behalf provide, upon demand, evidence of valid insurance policies with reliable insurance companies, providing the types of coverage and in the amounts more particularly described in the Sample Required Insurance Certificate located on in the Shipping Information section of GoIndustry DoveBid’s website; and such other insurance as may be required by any governmental authority, including workers' compensation insurance. Removal shall be conducted responsibly and with due care for the Seller's premises. GoIndustry DoveBid reserves the right on any sale to require that all Buyers utilize the services of the movers/shippers/riggers to those listed on GoIndustry DoveBid’s website under “Directory of Shippers” and/or those listed on the sale website as “exclusive, approved” for a particular sale event. The Buyer shall restore and repair all real and personal property that is altered or damaged as a result of the removal of purchased assets. If the Buyer does not remove an asset within the announced check-out period, GoIndustry DoveBid and the Seller may, in their sole discretion, deem the asset to have been abandoned by the Buyer and the Buyer will have no further rights with respect to the asset. Notwithstanding the foregoing, GoIndustry DoveBid and the Seller reserve the right to charge the Buyer for the costs of storage beyond the check-out period.
8. The Buyer acknowledges that the Seller's facility is a potentially dangerous place. Flammable, noxious, corrosive and pressurized substances may be present. Heavy equipment may be operated, and electrical circuits may be live. Every person enters the site at his or her own risk with notice of the condition of the premises and the activities that will be or have been conducted on the premises. The Buyer shall so advise their agents and employees. No person shall have any claim against GoIndustry DoveBid, the Seller or their respective agents or employees for any injuries sustained or for damages to or loss of property that may occur at the site. Nothing in this clause shall limit or exclude liability for death or personal injury resulting from the negligence of GoIndustry DoveBid or the Seller.
9. The Buyer acknowledges that neither Seller nor its appointed representative(s) are obliged to give any other support or owes any other performance other than those described in these Terms and Conditions. In particular, the Buyer acknowledges that neither the Seller nor GoIndustry DoveBid will give any start-up assistance or trouble shooting support during re-assembling and start-up of the assets unless otherwise agreed in writing.
International statutory compliance exclusion
10. It is expressly brought to the Buyer's attention that, at the time of sale, any asset for sale in this sale:
(a) may not necessarily comply with the Health and Safety at Work Etc. Act 1974, Environmental Protection Act 1990 or any other UK and/or EC Acts, Regulations, Directives or their applicable laws or equivalent or similar laws in any relevant jurisdiction or; and
(b) could contain blue or white asbestos, hazardous substances, dangerous chemicals etc. which if not handled correctly during their removal from a site could be in breach of the Health & Safety at Work Etc. Act 1974, Control of Substances Hazardous to Health Regulations 2002 or any other current legislations covering the use of such substances in a working environment in the UK, the EC, the United States or any other relevant jurisdiction. GoIndustry DoveBid has no duty to remove any hazardous substances that are contained in or are a part of any asset.
11. The Buyer undertakes to:
(a) remove, ship and use any purchased plant and equipment within any relevant jurisdiction in a way that does not contravene any relevant legislation and in full compliance with all applicable health and safety standards and regulations; and
(b) comply with all current applicable legislations in any relevant jurisdiction and reasonable instructions by GoIndustry DoveBid in relation to the removal/disposal of waste including hazardous waste.
12. The Buyer agrees to comply with all applicable export control and related laws and regulation and not to violate any applicable local, state, national or international law, statute, ordinance, rule or regulation. Buyers acknowledge that GoIndustry DoveBid is not the exporter of any purchased asset unless expressly stated. GoIndustry DoveBid makes no representation or warranty concerning, and has conducted no investigation to ascertain which assets, if any, constitute, for example, “Restricted Technology” for US law purposes or whose export is otherwise restricted under applicable law. GoIndustry DoveBid and/or the Seller reserves the right to cancel or rescind any sale at any time in the event it determines, in its absolute discretion, that the sale does or may violate applicable export or import control or related laws and regulations.
Limitation of Liability
13. Neither Seller nor GoIndustry DoveBid shall be liable, in contract, tort (including negligence) or for breach of statutory duty or in any other way for:
(a) any loss arising from or in connection with loss of revenue, profits, contracts or business or failure to realise anticipated savings or profits;
(b) any loss of goodwill or reputation; or
(c) any indirect or consequential losses suffered or incurred by Buyer,
arising out of or in connection with these Terms and Conditions and any of the actions or events contemplated within them or deriving from a sale of goods pursuant to them (“Relevant Events”).
The aggregate respective liability of Seller or GoIndustry DoveBid in respect of any other loss or damage suffered by a Buyer and arising out of or in connection with these Terms and Conditions or arising out of or in any way connected with any Relevant Events, whether in contract, tort (including negligence) or for breach of statutory duty or in any other way, shall not exceed (i) in the case of the Seller, the amount of the purchase price paid by the Buyer; and (ii) in the case of GoIndustry DoveBid the buyer’s premium paid by the Buyer, in each case in respect of the goods which are the subject of the claim.
The Buyer undertakes to defend (by counsel satisfactory to GoIndustry DoveBid) and indemnify GoIndustry DoveBid and Seller and hold GoIndustry DoveBid and Seller harmless from and against any claim, demand, cause of action, liability or expense (including attorneys' fees and costs) asserted against or incurred by GoIndustry DoveBid, the Seller or any third party in connection with the sale, removal, shipment or use of any purchased assets or a breach by the Buyer of these Terms and Conditions.
14. GoIndustry DoveBid is acting as agent of the Seller and is not responsible for acts and omissions of the Seller or any of the Seller’s principals, officers, directors, employees or other agents.
Choice of Law and Venue
15. These Terms and Conditions, and all questions with respect to the interpretation of these Terms and Conditions, shall be governed by and construed in accordance with the internal laws of the State of Maryland, without regard to conflict of laws provisions. All Buyers expressly consent to personal and exclusive jurisdiction in the courts of the State of Maryland located in Baltimore County, the United States of America.
16. In the event that any of the provisions of these Terms and Conditions shall prove to be invalid or null and void, the remainder of the provisions shall not affected thereby.
These Terms and Conditions are drawn up in the English language. If these Terms and Conditions are translated into another language, the English language text prevails.
These terms and conditions form a legally binding contract between you the purchaser (“Purchaser”) of any equipment or material purchased at auction (the “Assets”) and Seller. These terms in conditions are in addition to any contract that may be formed between Purchaser and the auctioneer, GoIndustry DoveBid, Inc. and/or its respective affiliates and subsidiaries (collectively, "GoIndustry DoveBid").
1. TITLE: Title to the Assets shall pass to Purchaser upon receipt of payment in full by GoIndustry DoveBid.
2. INCOTERMS: All shipments are EXW (INCOTERMS 2000) at location of the Assets as designated by GoIndustry DoveBid. Seller’s liability for delivery shall cease and all risk of loss or damage shall pass to Purchaser upon Seller making the Assets available to Purchaser at location of the Assets designated by GoIndustry DoveBid on the delivery date, regardless of any provision for payment of freight or insurance or the form of shipping documents. Assets held by Seller for Purchaser shall be at Purchaser’s risk and expense. Purchaser is responsible for packaging, crating, and loading the Assets for shipment, transportation of the Assets and/or for clearing the Assets for export. Purchaser shall pay all costs including, but not limited to, packaging, crating, loading, transportation, export, customs and insurance costs. Purchaser agrees to provide Seller with written notification of proposed carrier arrangements to be used for shipping. Purchaser acknowledges and agrees that Seller’s delivery date is an estimate and that the actual delivery date may be later depending upon the completion of de-installation or other contingencies. Shipment may originate from Seller or its authorized subcontractor or distributor. In no event shall Seller be liable to Purchaser for any costs, expenses, or damages related to such delivery.
3. Storage Charges: Any Assets which, where Purchaser has made payment to Seller, remains at Seller’s facility ten (10) days after the actual delivery date shall be subject to a storage fee to be paid by Purchaser, in the amount of $5.00 per square foot per day until removed from Seller’s premises. Assets remaining on Seller’s premises for more than 30 days after the delivery date may be disposed of by the Seller, without recourse by Purchaser.
4. APPLICABLE TAXES: As part of the sale, Purchaser shall remit to GoIndustry DoveBid any and all sales and use taxes, stamp taxes, value added taxes, property taxes, customs and import taxes, as well as any other taxes or duties imposed by any taxing authority on or with respect to this Agreement, the costs of such taxes or duties shall be borne by Purchaser.
5. ACKNOWLEDGEMENT AND WARRANTY. Purchaser agrees to use Assets, including parts thereof, in a manner or for the purpose originally intended or prescribed and in such a manner in which the Assets are commonly used, or to resell the Assets for such use. It is agreed that the Assets are not sold to the Purchaser for purposes of disposal, abandonment, burning, incineration, recycling or for accumulation or treatment for such disposal, abandonment, burning, incineration, or recycling by Purchaser
SELLER MAKES NO WARRANTY OF ANY KIND REGARDING THE ASSETS. THE ASSETS ARE USED AND ARE SOLD ON AN “AS-IS” “WHERE-IS” BASIS AND SELLER WILL NOT PROVIDE ANY DOCUMENTATION, SUPPORT, ASSISTANCE, TRAINING, OR OTHER SERVICES. SELLER SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WHETHER OR NOT SELLER HAD REASON TO KNOW OF ANY SUCH PURPOSE, AND ANY WARRANTY AGAINST INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT OF A THIRD PARTY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SELLER OR AN AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
PURCHASER ACCEPTS THE RISKS OF USE AND SUCH RISKS FALL SOLELY ON PURCHASER. NOTWITHSTANDING ANYTHING ELSE TO THE CONTRARY CONTAINED HEREIN, SELLER DOES HEREBY REPRESENT, WARRANT AND COVENANT THAT SELLER OWNS THE ASSETS, IS AUTHORIZED TO SELL THE ASSETS AND THAT UPON PAYMENT THEREFOR, SELLER SHALL TRANSFER TO PURCHASER GOOD TITLE TO THE ASSETS FREE AND CLEAR OF ALL LIENS, CHARGES AND ENCUMBRANCES, EXCEPT THAT SELLER MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY INTELLECTUAL PROPERTY CLAIM OR RIGHT OF ANY THIRD PARTY.
6. HAZARDOUS MATERIALS DISCLOSURE: THIS SECTION APPLIES ONLY IF THE USE OF THE ASSETS BY SELLER HAVE INVOLVED A HAZARDOUS MATERIAL. GOINDUSTRY DOVEBID SHALL DESIGNATE WHETHER OR NOT HAZARDOUS MATERIALS ARE INVOLVED, AND IDENTIFY SUCH HAZARDOUS MATERIALS VIA THE AUCTION PROCESS.
THE ASSETS HAS BEEN CLEANED, BUT SOME RESIDUAL AMOUNTS MAY REMAIN OR MAY HAVE LEACHED INTO THE ASSETS STRUCTURE. PROPER PROTECTIVE GEAR AND CLOTHING, AND PROPER SAFETY METHODS SHOULD BE USED AT ALL TIMES WHEN HANDLING AND/OR USING THESE ASSETS. MATERIAL SAFETY DATA SHEETS FOR THE HAZARDOUS MATERIALS IDENTIFIED FOR EACH ASSET WILL BE SENT TO PURCHASER VIA ELECTRONIC MAIL BY GOINDUSTRY DOVEBID.
PURCHASER AGREES THAT IN THE EVENT ASSETS ARE BEING PURCHASED FOR RESALE OR ASSETS ARE RESOLD PRIOR TO BEING USED BY PURCHASER, PURCHASER WILL ATTACH DISCLOSURE INFORMATION, SHOWN ABOVE, TO THE ASSETS AND TO THE DOCUMENTATION COVERING THE SALE OF DESCRIBED ASSETS. PURCHASER AGREES THAT IN THE EVENT ASSETS ARE BEING PURCHASED FOR RESALE OR ASSETS ARE RESOLD PRIOR TO BEING USED BY PURCHASER, PURCHASER WILL REQUIRE THAT THE ABOVE DISCLOSURE INFORMATION BE CONTINUOUSLY PASSED ON TO SUBSEQUENT BUYERS UNTIL THE ASSETS HAVE REACHED THE NEXT BUYER FOR POINT OF END USE.
7. SOFTWARE LICENSING. This is a sale of hardware only and does not include a sale or license of program code (software) in any form, regardless of whether such software has been packaged with, integrated into or otherwise included with the Assets. Any software included with the Assets may be the property of a third party. Purchaser agrees to destroy all such software or to obtain an appropriate license for its continued use.
8. REGULATORY COMPLIANCE: Seller makes no representation or warranty of any kind for the Assets regarding the applicability or compliance with: (1) the European Union’s (EU) RoHS Directive, 2002/95/EC, WEEE Directive, 2002/96/EC, and EU member state implementing legislation (hereinafter “RoHS/WEEE”), and (2) or any other product material content or end-of-life legislation in any jurisdiction. Purchaser represents and warrants that it understands the requirements of RoHS/WEEE and similar product material content and end-of-life legislation in other jurisdictions that may be applicable to its purchase, sale, and/or the distribution or use of the Assets and that it accepts full responsibility for the proper importation, sale, distribution and/or use of the Assets in accordance with any applicable regulatory requirements.
9. LIMITATION OF LIABILITY: IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, LOSS OR DAMAGE TO TANGIBLE PROPERTY, OR INTERRUPTION OF BUSINESS, OR SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES OF ANY KIND IRRESPECTIVE OF WHETHER ANY PARTY HAS ADVANCE NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL EITHER PARTY’S TOTAL CUMULATIVE LIABILITY TO THE OTHER PARTY UNDER ANY CLAIM HEREUNDER, WHETHER IN CONTRACT OR IN TORT, EXCEED THE PURCHASE PRICE FOR THE ASSETS. SELLER NEITHER ASSUMES NOR AUTHORIZES ANY PERSON TO ASSUME FOR SELLER ANY LIABILITY IN CONNECTION WITH THE SALE OF ASSETS. IT IS AGREED NEITHER SELLER NOR ANY OF ITS REPRESENTATIVES HAVE MADE ANY REPRESENTATIONS OF ANY NATURE ON WHICH PURCHASER HAS RELIED REGARDING THE SALE OF ASSETS.
10. INDEMNIFICATION: Upon transfer of title to the Assets from Seller to Purchaser, Seller shall be relieved from any further obligation including but not limited to the handling, labeling, transportation, storage, use, disposal, or other activity relating to the Assets. Purchaser agrees to defend, indemnify, and hold Seller harmless from and against any and all claims, liabilities, demands, suits, judgments, damages, fines, penalties, and any associated cost and expenses, including but not limited to consequential damages and attorney’s fees which may be asserted against or incurred by Seller as a result of Purchaser’s handling, labeling, transportation, storage, use, disposal, or other activity relating to the Assets, including but not limited to removal of Assets herein at Seller’s or GoIndustry DoveBid’s location, and resale thereof.
11. ENTIRE AGREEMENT: This document sets forth the entire understanding of the parties and supersedes all prior agreements and understandings relating to the subject matter hereof. Any purchase orders placed by Purchaser under this agreement shall be governed only by the terms and conditions of this agreement notwithstanding any terms and conditions on Purchaser’s Purchase Order or Seller acknowledgement.
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