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We Accept
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| TERMS & CONDITIONS |
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CONDITIONS FOR SALE
Quotations & Acceptances
For immediate acceptance, subject to prior sale or other disposition, and change without notice.
Proposals and acceptances of orders are made with the mutual understanding that orders are not subject
to cancellation. Shipping Date is approximate only, and contingent upon delays or nonperformance occasioned by strikes,
accidents, fire or other causes beyond our control.
Prices
F.O.B. truck per manufacturer on new machinery or at site for used machinery. Taxes where applicable.
Indemnification
Buyer agrees to indemnify and hold the seller harmless from any and all liability, losses or damages (including attorney fees)
as a result of any claim, demand, or judgment made against the seller which may arise out of the sale, use or operation of the machinery and equipment
sold pursuant to this agreement and to take over the defense of any such claim. Without limiting the foregoing, the buyer shall indemnify and
hold the seller harmless from any and all claims based upon the failure of the buyer, its officers, agents or employees to follow manufacturer's instructions
, warnings or recommendations or to comply with federal, state or local laws or regulations applicable to the use of such machinery or equipment
including, but not limited to the Occupational Safety and Health Act. The buyer shall indemnify the seller from any and all liability resulting from any
claim or judgment in strict tort or products liability (including the failure to warn of defects) or negligence arising out of the sale, use
or operation of the machinery or equipment sold herein, except such claim as may be based solely upon the negligent act of the seller. The covenants
set forth herein shall be severable and the invalidity, now or in the future, or any such covenants shall not affect the validity of the remaining.
Warranties
There are no warranties expressed or implied, including warranties of merchantability and fitness for purpose made by the seller in connection with a sale
of used machinery or new machinery, and the buyer takes such machinery "as is", except for such warranties as may have been given by the manufacturer
or distributor other than the seller. The buyer agrees to make all claims for breach of any warranty directly
against the manufacturer or distributor and not the seller.
Terms
Net cash 30 days open account 1-1/2% interest after 60 days. It is understood that there are no
conditions or agreements pertaining to the equipment herein other than as set forth in this written
proposal and all prior conversations, agreements or representations are superceded. Seller reserves
the right to correct typographical errors.
Buyer in purchasing equipment agrees upon receipt of machinery subject to this agreement it will be buyer's duty
to inspect all machinery on a continuing basis; provide proper safety devices and equipment or means
necessary to safeguard the operator from harm for any particular use; operation or set-up of machines, to adequately
safeguard each machine or equipment to meet all government safety standards
which may be imposed from time to time, including but not limited to, 1970 Occupational Safety and Health Act.
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