|
Thu, Aug 21, 2008
Phone: 815-226-9150
|
The Terms & Conditions of Sale
- PAYMENT: Terms of payment are net cash in United States Dollars prior to shipment, unless otherwise stated herein.
- ACCEPTANCE: TERMS AND CONDITIONS SET FORTH IN THIS DOCUMENT BECOME THE EXCLUSIVE AND BINDING AGREEMENT BETWEEN ALL PARTIES COVERING THE GOODS AND / AND OR SERVICES OFFERED HEREIN WHEN THE SALE IS ACCEPTED BY ACKNOWLEDGEMENT OR COMMENCEMENT OF PERFORMANCE. ADDITIONAL OR DIFFERENT TERMS AND CONDITIONS PROPOSED BY THE BUYER, OR CONTAINED ON THE BUYER’S FORMS WILL NOT BE APPLICABLE UNLESS ACCEPTED IN WRITING BY SELLER.
- TAXES: Purchase prices do not include any federal, state, or local taxes, which are in addition to the purchase price. Buyer shall be responsible for determining if such sales tax is applicable and remitting such tax to the governing authorities.
- DELIVERY: Unless otherwise stated herein, the Equipment will sold FOB Origin.
- FREIGHT AND INSURANCE: Purchase price does not include freight and insurance charges. Buyer is responsible for all freight and insurance charges unless otherwise stated herein. Buyer agrees to notify seller immediately of any load shortages in any loads. Rejection or refusal of any shipments will not invalidate the purchase or these terms and conditions without consent of seller.
- CRATING CHARGES: Purchase prices do not include crating or skidding and are the sole responsibility of the buyer unless otherwise stated herein.
- AVAILABILITY: Equipment is subject to availability, prior sales, and prices are subject to change without notice.
- NO WARRANTY: Unless otherwise stated herein, Equipment is sold AS IS and without warranty. Seller neither makes nor assumes any liability under any warranty. Whether statutory, by operation of law or otherwise, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. Seller does not warrant that such equipment conforms with any plans or specifications or buyer or others or meets any requirements of any federal, state, or local laws, regulations or ordinances pertaining to safety or insurance requirements.
- CONSTRUCTION: This agreement and terms and conditions of sale shall be construed in accordance with laws of Illinois.
- INSPECTION: Buyer has been advised to inspect and shall have the right to inspect the equipment during normal business hours at its location prior to the time of shipment.
- FORCE MAJEURE: SELLER SHALL NOT BE HELD REPSONSIBLE FOR OR LIABLE FOR ANY LOSS, DELAY, OR DAMAGE RESULTING FROM ACTS OF WAR, ACTS OF GOD, PICKETING, RIOTS, ELEMENTS, EMBARGOS, FIRES, FLOODS, FAILURE OF CARRIERS, LABOR DISTURBANCES, ACCIDENTS, LOCKOUTS, OR ANY CAUSE BEYOND ITS CONTROL.
- BUYERS RESPONSIBILITY: BUYER IS RESPONSIBLE TO MAKE SURE THAT EQUIPMENT IS INSTALLED CORRECTLY AND OPERATES IN A SAFE MANNER, INCLUDING ADDING ANY NECESSARY GUARDING LOCKOUTS, TAGS, AND SHUTOFFS. BUYER IS ALSO RESPONSIBLE TO MAKE SURE THAT UNIT COMPLIES WITH ALL CURRENT CODES, LAWS, REGULATIONS, ORDINANCES, INDUSTRY STANDARDS, AND INSURANCE REQUIREMENTS.
- INDEMNITY: BUYER AGREES TO INDEMNIFY AND HOLD HARMLESS SELLER AGAINST ALL CLAIMS FOR DAMAGES, ATTORNEY FEES, SUITS, COSTS OR EXPENSES RESULTING FROM OWNERSHIP, INSTALLATION, AND USE OF EQUIPMENT.
- LIMITATION OF REMEDIES: IN NO EVENT WILL SELLER BE HELD RESPONSIBLE FOR ANY LIMITATION OR JUDGEMENT IN EXCESS OF THE PURCHASE PRICE FOR THE EQUIPMENT. FAILURE TO GIVE NOTICE OF CLAIM WITHIN THIRTY (30) DAYS FROM THE DATE OF DELIVERY OR THE DATE FIXED FOR DELIVERY(IN THE EVENT OF NON-DELIVERY) SHALL CONSTITUTE A WAIVER BY BUYER OF ALL CLAIMS IN RESPECT OF SUCH EQUIPMENT. THE REMEDY HEREBY PROVIDED SHALL BE THE EXCLUSIVE AND SOLE REMEDY OF THE BUYER ANY RIGHT TO CONSEQUENTIAL AND INCIDENTAL DAMAGES IS EXCLUDED.
- TIMEFRAME FOR BRINGING ACTION: SELLER: BUYER SHALL HAVE ONE YEAR TO COMMENCE ACTION FOR ANY OF BREACH OF AGREEMENT TO WHICH THESE TERMS AND CONDITIONS APPLY.
|
