Italy Terms

Below are the Terms and Conditions specific to Micron's surplus equipment located in Italy.

1. Payment

Buyer shall make payment in full, prior to delivery of the Equipment. Funds shall be in the form of cashier's check or wire transfer. All applicable duties and taxes shall be paid by Buyer. Any sales commissions will be paid by Buyer, unless prior agreement with Micron.

2. Delivery

FOB shall be Point of Origin, Seller's dock. Buyer assumes title and all risk of loss at the FOB Point. All packaging, transportation and insurance costs shall be borne by Buyer.

3. NO WARRANTY

THE EQUIPMENT IS USED AND IS SOLD "AS IS", WITH ALL FAULTS ACCEPTED WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR AGAINST INFRINGEMENT.

4. Limitation of Liability

IN NO EVENT SHALL SELLER BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM MICRON'S PERFORMANCE OR FAILURE TO PERFORM UNDER THIS SALE, WHETHER DUE TO BREACH OF CONTRACT, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE.

5. Governing Law

This Agreement is governed by the laws of the State of Idaho. Parties agree that Idaho courts have jurisdiction over themselves and this Agreement, that Idaho is an appropriate place of venue for any litigation arising hereunder, and that all litigation related to this Agreement shall, to the extent possible, be in Idaho.

6. Sales Tax

Idaho, Virginia, Utah, or California sales tax are the responsibility of the Buyer and will be collected by Micron, when applicable, unless a Resale Certificate or Production Exemption Certificate is submitted to Micron.