Terms & Conditions
Sale of Used Machinery
1. Notwithstanding any inconsistent or additional terms that may be embodied in your purchase order, we accept your order only on the express condition that you assent to the terms contained below. Your acceptance and receipt of the goods shipped hereunder shall constitute assent to such terms. This document constitutes the full understanding of the parties and no terms, conditions, understanding or agreement purporting to modify or vary the terms of this document shall be binding unless hereafter made in writing and signed by the party to be bound.
2. Goods are for sale "As is, where is, with all faults" subject to prior sale or withdrawal, the description is for the sole purpose of identifying the goods for sale. Seller makes no representation of warranty of any kind, express or implied, as to merchantability, fitness for a particular purpose or any other matter with respect to goods, whether used alone or in combination with other substances.
3. Inspection and Indemnification. Purchaser has inspected the goods or herby acknowledges seller's recommendation that the goods be inspected and refused to so examine them and agrees that the goods sold hereunder are sold "As Is" and "with all faults". Purchaser shall indemnify and save the seller, and its employees, harmless against any and all liabilities, penalties, demands, claims, causes of actions, suites, losses, damages, cost and expenses (including cost of defense, settlement and reasonable attorney' fees) whatsoever arising from or growing out of possession, handling, storage, resale or use by purchaser or by others of goods purchased. Upon request of seller, purchaser shall promptly defend any such demand, claim and cause of action or suit. Purchaser further agrees to make full reimbursement to seller for any damages, including loss of use, to existing property of seller arising from or growing out of possession, handling or use by purchaser or by others of goods purchased. In no event and under no circumstances shall seller be liable for incidental or consequential damages.
4. Force Majeure. Deliveries may be suspended by either party in case of act of God, war, riots, fire, explosion, flood, strike, lockout, injunction, inability to obtain fuel, power, raw materials, breakage of machinery or apparatus, national defense requirements or any cause beyond the control of such party, preventing the manufacture, shipment, acceptance or consumption of a shipment of the goods or of a material upon which the manufacturer of the goods is dependent.