TERMS AND CONDITIONS OF SALE
1.) PAYMENT TERMS: Payment in full prior to shipment, unless otherwise mutually agreed upon. A service charge of 1-1/2% per month will be assessed on accounts over 30 days past due.
2.) TAXES: All sales are subject to applicable federal, state, andlocal use, sales and excise taxes which the buyer agrees to pay, and which maybe 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.
3.) 30 DAY RETURN PRIVILEGE: Unless otherwise stated, every machine offered from our stock is guaranteed to be mechanically satisfactory to the purchaser or returnable in same condition as shipped, freight prepaid, within 30 days for a complete refund.
4.) WARRANTY DISCLAIMER: The goods described herein are pre-owned used goods and are offered "as-is." Seller makes no warranties of any kind whatsoever, express or implied, and ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED and exluded from this agreement. All specifications and descriptions of said goods are approximate only. Seller makes no representation or warranty that said goods conform to any specification, description or condition. It is Buyer's responsibility to inspect the goods and to ascertain if the specifications, descriptions and condition of the goods conform to Buyer's requirements. Any warranty concerning said goods made by any third party is enforceable only against the third party and not Seller.
5.) CLAIMS: Any and all claims for errors in merchandise must be made in writing immediately upon receipt of goods; no credit will be allowed on returned goods without our permission. It is expressly agreed that Buyer's sole and exclusive remedy for any claims arising under this agreement against Seller shall be limited to return of the goods and repayment of the purchase price, or to repair, or replacement of the goods at Seller's option. In no event shall Seller be responsible for special or consequential damages.
6.) QUOTATIONS AND ACCEPTANCES: Terms of the proposal shall be accepted by the buyer upon the issuance of a purchase order. By the issuance of a purchase order Buyer assents 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. This agreement shall be a California contract and shall be interpreted and administered for all purposes under the laws of California.
7.) MACHINE USE AND SAFETY: Buyer acknowledges that the goods described herein are pre-owned (used) goods which were neither designed nor manufactured by the Seller, nor does the Seller have any knowledge or 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 (user's) responsibility to provide proper safety devices and equipment to safeguard the operator from harm or any particular use, operation, or set up, and to adequately safeguard the machine, or machines, to conform to all federal, state, and local government safety standards, and all industry safety standards.
8.) INSPECTION: Purchaser shall have the right to inspect the merchandise at the place of shipment prior to the time of shipment.
9.) TITLE: Title shall not pass to Purchaser with delivery of the aforementioned personal property but shall remain vested in Seller until the entire purchase price is paid.
10.) WAIVER-INDEMNIFICATION: Buyer hereby (1) 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 goods sold hereunder, or devices; and (2) covenants to indemnify and hold harmless Seller, its agents or employees from and against any and all loss, damage, expense, claims, suits, costs of defense, including attorney's fees or liability which Seller or any of its emplyees may sustain or incur 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, or any claimed inadequate or insufficient safeguards or safety devices, or warnings.
11.) ENTIRE AGREEMENT: These terms and conditions, together with the provisions, are intended by the Seller and Buyer to be a complete and exclusive statement of the terms of the agreement, and such agreement may not be modified, amended, or waived except by a writing executed after this date hereof by an authorized officer or Seller. All prior conversations and representations with reference to this subject matter are superseded by this agreement. Seller shall not be bound by any terms of Buyer's purchase order forms or other documents which attempt to impose conditions at variance with Seller's terms and conditions of sale set forth herein unless the same shall be specifically agreed to in writing by a duly authorized officer or Seller. Seller objects to provisions contained in Buyer's forms which are different or in addition to the terms herein. Buyer's purchase order is accepted expressly conditional on Buyer's assent to the terms and conditions herein, as the complete and exclusive statement of the terms of this agreement, which assent shall be manifested by Buyer accepting or retaining possession of the goods described herein.