South Dakota Agreement for Sale of Equipment; Additional Proposed Terms Are Expressly Rejected; Disclaimer of Warranties

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US-02312BG
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Description

Contract law as to offers is applicable to a sales contract, with the following exception. A firm offer by a merchant cannot be revoked if the offer: (i) expresses an intention that it will not be revoked; (ii) is in a writing; and (iii) is signed by the merchant.


An express period of irrevocability in the offer cannot exceed three months. If nothing is said as to the duration of the offer, the offer can be revoked after a reasonable time. A firm offer is effective regardless of whether the merchant received any consideration to keep the offer open.


An offer to buy or sell goods may be accepted in any manner and by any medium that is reasonable under the circumstances. However, if a specific manner or medium is clearly required by the terms of the offer or the circumstances of the case, the offer can only be accepted in that manner.


Unless it is expressly specified that an offer to buy or sell goods must be accepted just as made, the offeree may accept an offer and at the same time propose an additional term. This form is clear that the offer is not subject to change.

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  • Preview Agreement for Sale of Equipment; Additional Proposed Terms Are Expressly Rejected; Disclaimer of Warranties
  • Preview Agreement for Sale of Equipment; Additional Proposed Terms Are Expressly Rejected; Disclaimer of Warranties
  • Preview Agreement for Sale of Equipment; Additional Proposed Terms Are Expressly Rejected; Disclaimer of Warranties
  • Preview Agreement for Sale of Equipment; Additional Proposed Terms Are Expressly Rejected; Disclaimer of Warranties

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FAQ

Writing a warranty disclaimer involves using clear, direct language in your South Dakota Agreement for Sale of Equipment. Clearly state what warranties are not included, such as 'No warranty of fitness for a particular purpose is made by the seller.' This straightforward approach helps both parties to understand their rights and obligations, fostering a transparent business relationship.

To write a disclaimer example effectively, you should start by stating the specific warranty being disclaimed. For instance, you could write, 'The seller disclaims all warranties of suitability for a particular purpose.’ This clarity is essential in a South Dakota Agreement for Sale of Equipment, as it prevents future disputes and establishes expectations for all parties involved.

An example of a warranty disclaimer in the context of a South Dakota Agreement for Sale of Equipment could be a clause stating, 'The seller expressly disclaims any implied warranty of merchantability.' This kind of clear language in the agreement informs buyers that they accept the equipment as-is, without reliance on implied warranties.

To specifically disclaim an implied warranty of fitness for a particular purpose in a South Dakota Agreement for Sale of Equipment, a seller should clearly communicate their intent in writing. This can be done by including precise language in the contract that states the absence of such a warranty. Transparency in these terms helps prevent misunderstandings and protects the seller's interests.

Certain warranties cannot be disclaimed under the South Dakota Agreement for Sale of Equipment; Additional Proposed Terms Are Expressly Rejected; Disclaimer of Warranties. For instance, any warranty that arises from a law, such as a warranty of title or warranty against infringement, cannot be waived. These legal protections ensure that buyers have essential rights, even when a seller seeks to limit their liability.

An agreement not to pursue legal action is often referred to as a settlement agreement or a release. It means that one party agrees not to take legal action against another in exchange for a satisfaction or resolution. In the realm of the South Dakota Agreement for Sale of Equipment; Additional Proposed Terms Are Expressly Rejected; Disclaimer of Warranties, such agreements can help both parties avoid future legal complications and ensure a smooth transaction.

Certain agreements can be enforceable without consideration, particularly when they involve a formal promise made under seal or certain types of charitable pledges. In the context of a South Dakota Agreement for Sale of Equipment; Additional Proposed Terms Are Expressly Rejected; Disclaimer of Warranties, understanding that some promises, while lacking consideration, can still hold legal weight is crucial. However, clarity and writing are essential to prevent any disputes.

An agreement not to pursue a legal claim, known as a release, involves one party agreeing to relinquish their right to seek legal action in exchange for something of value, called consideration. For instance, in a South Dakota Agreement for Sale of Equipment; Additional Proposed Terms Are Expressly Rejected; Disclaimer of Warranties, this may prevent further disputes or claims regarding equipment sold. Such agreements should be clearly defined to avoid any future misunderstandings.

An example of an implied warranty would be the expectation that a product sold is safe to use and of adequate quality. In a South Dakota Agreement for Sale of Equipment, if a buyer acquires a piece of machinery, they inherently assume it operates properly unless otherwise stated. This implicit expectation enforces accountability on the seller's part. Utilizing legal forms from USLegalForms can help you articulate these expectations within your agreements.

An implied warranty in contract law refers to an automatic guarantee that arises from the circumstances of a transaction, rather than from explicit statements. In other words, it's understood that the goods meet certain quality or performance standards, even if not spelled out. This is essential in a South Dakota Agreement for Sale of Equipment, as it protects the rights of the buyer and establishes seller responsibilities. Reference USLegalForms to help navigate these legal nuances.

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South Dakota Agreement for Sale of Equipment; Additional Proposed Terms Are Expressly Rejected; Disclaimer of Warranties