1. Definitions

"Seller" means Gifted Lifts, the party selling the used equipment.

"Buyer" means the individual or entity purchasing the equipment.

"Forklift" means the used equipment sold under this agreement.

2. Condition of Equipment

The equipment is sold “as-is,” with all faults and without warranties, except as expressly stated in writing.

Buyer has had the opportunity to inspect and test the equipment and accepts it in its current condition.

No representations or warranties (express or implied) are made regarding the equipment’s fitness for a particular purpose, merchantability, or performance.

3. Purchase Price & Payment Terms

The total purchase price is [Sales Price], plus applicable taxes.

Full payment is due prior to delivery or pickup.

Accepted payment methods: [e.g., wire transfer, certified check, credit card].

4. Taxes and Fees

Buyer is responsible for all applicable taxes, registration fees, title fees, and any other charges imposed in connection with the sale.

5. Title and Risk of Loss

Title to the equipment transfers to the Buyer upon full payment.

Risk of loss or damage passes to the Buyer upon pickup or delivery.

6. Delivery and Pickup

Delivery is the responsibility of the Buyer unless otherwise agreed.

If Seller agrees to deliver, all costs and risks of transportation are borne by the Buyer.

7. No Returns or Refunds

All sales are final. No returns, exchanges, or refunds are permitted.

8. Indemnification

Buyer agrees to indemnify and hold Seller harmless from all claims, damages, liabilities, or expenses arising from the use, transportation, or resale of the equipment.

9. Limitation of Liability

Seller’s liability, if any, shall be limited to the purchase price paid.

Under no circumstances shall Seller be liable for incidental, consequential, or special damages.

10. Governing Law

This agreement shall be governed by and interpreted in accordance with the laws of the State of Texas, without regard to its conflict of law provisions.

11. Entire Agreement

These terms constitute the entire agreement between the parties and supersede all prior discussions or representations.