Generally, the Seller has to disclose known latent defects of the Property. These are defects that the Seller are aware of and are not easily discoverable upon a reasonable inspection of the Property. An “AS IS” clause eliminates the Seller’s duty to disclose latent defects of the Property. This clause protects the Seller in a lawsuit by the Purchaser for damages incurred by the seller’s failure to disclose a defect of the Property, except if the seller is found to have engaged in “active fraud”.
Is the Property sold 'AS IS'?
As Is Condition
The Purchaser acknowledges that the Property is sold 'as is'. The Seller expressly disclaims any implied warranty as to fitness for a particular purpose and any implied warranty as to merchantability. The Seller expressly disclaims any expressed or other implied warranties.
Any warranty as to the condition or working order of the Property is expressly disclaimed by the Seller.
Any disclaimer of warranties by the Seller in this Bill of Sale will not in any way affect the terms of any applicable national and international warranties from the manufacturer of the Property.
The Seller does not assume or does the Seller authorise any other person on the behalf of the Seller to assume any liability in connection with the sale or delivery of the Property.
The Purchaser accepts the Property in its existing condition given that the Purchaser has either inspected the Property or was given opportunity to inspect the Property but chose not to inspect it.
The Bill of Sale shall be governed by and construed in accordance with the laws of the Province of .
IN WITNESS WHEREOF, the Purchaser and the Seller have duly affixed their signatures on
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