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Bill of Sale

THIS Bill of Sale (“BOS”) is made as of the date indicated below by and between Mobile Mobile Orlando Inc., a Florida Corporation, with its principal office located at 2477 S. Orange Blossom Trail, Orlando FL 32805 (“Mobile Mobile”), and you (“Seller”) as set forth on the signature page hereof. Now, therefore, for and in consideration of the mutual covenants contained in this BOS, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

I. Scope of BOS. The purpose of this BOS is to provide sellers with the opportunity to sell electronic products (“products”) to Mobile Mobile. This BOS supplements any other BOSs governing the buying and selling of products between Mobile Mobile and Seller.

II. For purposes of this BOS, “electronic sales” means sales of any electronic products by Seller to Mobile Mobile’s in person, via mail, via any on-line system or computer network or via phone.

III. Representations and Warranties. Seller represents and warrants that:
1. It has the power to authorize the sale of its products to Mobile Mobile;
2. Seller has 100% possessory interest and the legal right to sell said products to Mobile Mobile, and all products sold by Seller to Mobile Mobile are owned exclusively by Seller, and all products are unencumbered, free and clear and owned entirely by Seller;
3. All product information, data, and/or intellectual property provided by Seller to Mobile Mobile complies with Sellers rights to such product information, data, and/or intellectual property and does not infringe on any rights of any third party;
4. All claims of legal right to sell by Seller have been substantiated; and have been cleared for the uses contemplated hereunder;
5. It has secured any and all clearances, permissions, approvals, authorizations, rights and licenses necessary for the use, for the sale of Seller’s products to Mobile Mobile;
6. Complies with all the applicable laws relevant to the products to be sold on Mobile Mobile’s platform and store.
V. Indemnification. SELLER SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS MOBILE MOBILE FROM AND AGAINST ANY AND ALL CLAIMS, LAWSUITS, JUDGMENTS, LOSSES, CIVIL PENALTIES, LIABILITIES, DAMAGES, COSTS, AND EXPENSES, INCLUDING REASONABLE ATTORNEY’S FEES AND COURT COSTS, ARISING OUT OF OR RELATED TO ANY:
1. ALLEGED FAILURE OF SELLER OR SELLER’S PRODUCTS TO COMPLY WITH THIS BOS OR ANY LAWS, REGULATIONS, WARRANTIES, GUARANTEES, OR REPRESENTATIONS OF SELLER;
2. NEGLIGENT OR GROSSLY NEGLIGENT ACTION, INACTION, OMISSION OR INTENTIONAL MISCONDUCT OF SELLER;
3. ANY MISREPRESENTATION, WHETHER INTENTIONAL OR OTHERWISE, THAT RESULTS IN LEGAL ACTION AGAINST MOBILE MOBILE; AND/OR
4. USE OF OR INFRINGEMENT UPON ANY INTELLECTUAL PROPERTY RIGHT OF SELLER.
VI. Severability. The invalidity of any portion of this BOS will not and shall not be deemed to affect the validity of any other provision. If any provision of this BOS is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision.

VII. No Waiver. The failure of either party to this BOS to insist upon the performance of any of the terms and conditions of this BOS, or the waiver of any breach of any of the terms and conditions of this BOS, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred.

VIII. Governing Law. This BOS shall be governed by, construed, and enforced in accordance with the laws of the State of Florida, without regard to its conflict of law principles.

IX. Notices. Unless provided herein to the contrary, any notice provided for or concerning this BOS shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this BOS.

X. Attorney’s Fees. In the event that any lawsuit is filed in relation to this BOS, the prevailing party shall be entitled to any and all fees (including attorneys fees) and costs.

XI. Mandatory Arbitration. Any dispute under this BOS shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect.

XII. Entire BOS. This BOS shall constitute the entire BOS between the parties and any prior understanding or representation of any kind preceding the date of this BOS shall not be binding upon either party except to the extent incorporated in this BOS.

XIII. Modification of BOS. Any modification of this BOS or additional obligation assumed by either party in connection with this BOS shall be binding only if placed in writing and signed by each party or an authorized representative of each party.

XIV. Assignment of Rights. The rights of each party under this BOS are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party.

XV. Counterparts. This BOS may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument.

XVI. Compliance with Laws. In performing under this BOS, all applicable governmental laws, regulations, orders, and other rules of duly-constituted authority will be followed and complied with in all respects by both parties.

The seller hereby certifies that he/she is the lawful owner of the following device and have the authority to sell it:



The seller acknowledges the receipt of


from Mobile Mobile Orlando Inc., as full payment for the purchase of the said device, which is sold "AS IS."

The seller affirms that the above information about this device is accurate to the best of his/her knowledge.

BY SIGNING IN THE BOX BELOW THE SELLER IS ACKNOWLEDGING HAVING READ AND UNDERSTOOD THE INFORMATION ABOVE AND A COPY OF THIS BILL OF SALE WILL BE SENT TO THE SELLER'S EMAIL.

I have read and agree to the information above:

Sign below: