HF Sinclair Corporation Terms and Conditions

HF Sinclair Corporation and its subsidiaries and affiliates ("Seller") has listed for sale the assets included in this listing (the “Personal Property”).  The terms and conditions set forth below (the “Terms”) shall govern the sale of the Personal Property.

By bidding on the Personal Property, the bidder acknowledges and agrees that it/he/she has inspected the Personal Property and has determined to bidder’s satisfaction that the Personal Property is in a condition acceptable to bidder. Bidder agrees that upon taking of possession of the Personal Property that it has sole risk of loss with respect to the Personal Property for any and all reasons. BIDDER ACKNOWLEDGES AND AGREES THAT THE PURCHASE AND SALE OF THE PERSONAL PROPERTY IS “AS-IS” AND “WHERE-IS” WITH ALL FAULTS IN ALL RESPECTS; NEITHER SELLER NOR ANY OF ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES HAS MADE OR MAKES ANY WARRANTY OR REPRESENTATION WHATSOEVER, EXPRESS OR IMPLIED, REGARDING THE PERSONAL PROPERTY, OR ANY OTHER MATTER IN ANY WAY RELATED TO THE PERSONAL PROPERTY, INCLUDING, BUT NOT LIMITED TO ITS MERCHANTABILITY, FITNESS FOR ANY PARTICULAR USE OR PURPOSES, PHYSICAL OR ENVIRONMENTAL CONDITION, SAFETY, UTILITY, OR ANY OTHER MATTER RELATED TO THE PERSONAL PROPERTY, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. BIDDER ACKNOWLEDGES AND AGREES THAT SELLER SHALL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, CONSEQUENTIAL OR OTHERWISE, ARISING OUT OF THE USE OF THE PERSONAL PROPERTY OR ANY DEFECT OR DEFICIENCY IN THE PERSONAL PROPERTY AND THAT SELLER IS NOT LIABLE OR BOUND IN ANY MANNER BY ANY ORAL OR WRITTEN STATEMENTS, REPRESENTATIONS, OR INFORMATION PERTAINING TO THE PERSONAL PROPERTY FURNISHED BY ANY AGENT, EMPLOYEE, OR SERVANT OF SELLER OR ANY OTHER PERSON. BIDDER ACKNOWLEDGES THAT UPON SUCCESSFUL BID, BIDDER WILL ASSUME ALL RISKS ASSOCIATED WITH OWNERSHIP OR USE OF THE PERSONAL PROPERTY AND ANY DEFECTS WITH RESPECT THERETO OR ASSOCIATED THEREWITH OF ANY TYPE OR NATURE WHATSOEVER.

These Terms shall be read, interpreted, and construed as the mutual agreement of Seller and the successful bidder and shall be governed, in all respects, by the laws of the State of Texas, without regard to its conflicts of laws principles. Unless otherwise required by applicable laws, each bidder hereby agrees that any action arising out of these Terms  online acceptance of terms or in connection with the purchase of the Personal Property by bidder between Seller and bidder shall be commenced and maintained exclusively in the state or federal courts located in Dallas, Texas; and bidder consents to the personal jurisdiction such courts and waives any objection to the forum on the grounds of venue, forum nonconveniens, or any similar ground. BIDDER HEREBY WAIVES THE RIGHT TO TRIAL BY JURY IN ANY LITIGATION ARISING OUT OF OR RELATING TO THIS AGREEMENT.