TERMS: New Machinery Net 30 days from delivery unless otherwise noted.
Used Machinery Net CASH before delivery. Interest will be charged for all accounts past 30 days from invoice date at maximum rate allowable by law.
TAXES: All Machines are offered subject to prior sale and prices quoted are exclusive of any government sales tax. All sales are subject to applicable federal, state, and local use, sales and excise taxes which the buyer agrees to pay, and which may be billed as part of the selling price, or separately, if the seller is required by any taxing authority to collect and pay such a tax.
RETURN POLICY: Unless otherwise stated, every machine offered is guaranteed to be mechanically satisfactory to the purchaser or returnable in the same condition as shipped to them. Seller will accept, within 30 days of the shipment of machinery and equipment, a return privilege. This does not apply to machinery and equipment sold directly from auctions, private user’s facilities, other dealer’s inventories, unless specifically arranged in writing, or renegotiation of this sale at a lesser price. Also, this return privilege will be null and void if the Buyer attempts to service or repair machinery without the prior written consent of the Seller. All machinery must be returned by the Buyer in the same condition as originally shipped and will be inspected by the Seller upon return before a refund can be issued.
WARRANTY DISCLAIMER: the goods described herein are pre-owned, used goods and are offered as is. Seller makes no warranties of any kind whatsoever expressed or implied, and ALL IMPLIED WARRANTIES OF MERCHATABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED AND EXCLUDED FROM THIS AGREEMENT. All specifications and descriptions of said machinery and equipment are approximate only. The Seller makes no representation of warranty that said goods conform to any specification or description or condition. It is the Buyers responsibility to inspect the goods and to ascertain if the specifications, descriptions and conditions of the machinery and equipment conform to the Buyers requirements. Any warranty concerning said machinery and equipment made by any third party is enforceable only against the third party, and not the Seller.
WAIVER-INDEMNIFICATION: Buyer hereby (a) waives, releases and discharges any and all claims (with the exception of claims for breach of this agreement) of any and every kind (including, but not limited to injury or death of any person or damage to property), which it may have at any time against Seller, its agents or employees, by reason of, or arising out of, any condition or defect of the goods, sold hereunder, including, but not limited to, any claimed improper design, specifications or manufacturing defect of goods sold hereunder, or devices; and (b) covenants to indemnify and hold harmless Seller, its agents and employees of, from and against any and all loss, incurred at any time for, or by reason of, any injury to or death of any person or persons, or damage to any property arising out of any condition or defect of the goods sold hereunder, including but not limited to, claimed improper design or manufacturing defect, or other defect of the goods sold hereunder, or any claimed inadequate or insufficient safeguards or safety devices or warnings.
INSPECTION: Buyer shall have the right to inspect the machinery and equipment at the place of shipment prior to time of shipment. Buyer is advised to personally inspect the machinery and equipment upon receipt of said goods.
MACHINE USE & SAFETY: Buyer acknowledges that the purchased machinery and equipment described herein are pre-owned (used) goods which were neither designed nor manufactured by the Seller, nor does the Seller have any knowledge of control over the prior use or misuse of the goods or the future application of these goods by the Buyer. It is the Buyer’s (and anyone using these goods under the Buyer’s consent or direction) responsibility to provide proper safety devices and equipment to safeguard the operator from harm for any particular use, operation, or set up, and to adequately safeguard the machine or machines and equipment to conform to all federal, state, and local government safety standards, and all industry safety standards and laws applicable to such machinery and equipment including the Occupational Safety and Health Act of 1970.
QUOTATIONS: The information and specifications presented by the Seller or on the Seller’s website and in all marketing and sale documents is believed to be accurate to the best of the Seller’s ability. Seller claims no responsibility for any inaccuracies or discrepancies.
ACCEPTANCE OF MACHINERY & EQUIPMENT: Terms of the proposal shall be accepted by the Buyer upon either acceptance of invoice as evidenced by the Buyer making partial or full payment on the issuance of a purchase order. By the issuance of a purchase order Buyer ascents completely and exclusively to the terms and conditions herein. All proposals and acceptances of orders are made with the mutual understanding that orders are not subject to cancellation. The shipping date is approximate only and may be subject to delays.