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QUOTATIONS & SALES PRICES:
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All quotations are subject to change without notice.
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All prices are F.O.B. location.
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All orders accepted are subject to prices in effect at time of order.
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Prices quoted are exclusive of Federal, State or Local Sales Taxes and are
subject to an increase equal to the amount of any such taxes either now in
force or later imposed and applicable to Buyer’s order. All taxes are Buyer’s
sole responsibility.
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PAYMENT TERMS: In U.S. funds by check or wire transfer, unless other
arrangements acceptable by Seller are made. Title of goods sold hereunder shall
not pass to Buyer until purchase price is paid in full.
CANCELLATIONS: Only the Seller’s consent and terms that will indemnify
Seller against losses. Seller reserves right to cancel any order if goods
ordered are no longer available, no longer being manufactured or, if prior to
date of shipment, all previously shipped goods were paid. In the event an
“as-is” machine is ordered reconditioned or rebuilt, the original deposit is
non-refundable as this constitutes a special order.
SHIPPING/DELIVERY: Dates furnished by Seller are tentative and may be
extended without notice if caused by force majeure. Seller is not liable for
any non-performance of delay in performance caused by circumstances beyond
Seller’s control, including but not limited to acts of God, fire, flood, war,
government action, accident, labor trouble or shortage, inability to obtain
material, equipment or transportation, or failure of Seller’s suppliers to
furnish the goods. In case of transport damage, buyer shall make all claims for
damage directly with carrier.
LIMITED WARRANTY: All machinery is sold “as is where is” with all faults.
Seller does warrant that all used, rebuilt and reconditioned machinery will be
mechanically in good working order. Seller makes no warranties, expressed or
implied, as to merchantability or fitness for purpose.
Seller is not responsible for any expressed or implied warranties made by the
manufacturer and makes no warranty that the machinery complies with any
requirements of federal, state or local laws and industrial codes, including
without limitation, the Occupational Safety and Health Act of 1970, and all
amendments thereto. It is expressly agreed that the buyer shall have no right
to recovery against Seller for any incidental or consequential damage arising
from any breach of warranty by Seller and the Buyer shall have no right of
rejection or revocation of acceptance against Seller for any part of all the
goods covered hereby.
VENUE: All Business Transactions under this Agreement shall be governed
and construed in accordance with the laws of the State of North Carolina
without regard to principles of conflicts of laws. The Parties irrevocably
submit to the jurisdiction and venue of the Mecklenburg County, North Carolina
for the purpose of any suit, action or other proceeding arising out of this
Agreement. The Parties, furthermore, waive any right it may have to a trial by
jury in respect of any claim brought by or on behalf of either party based
upon, arising out of or in connection with this Agreement. Any dispute arising
hereunder, if not settled by mutual agreement, shall, at either party’s option,
and, upon written notice by one party to the other, be settled by final and
binding arbitration in Charlotte, North Carolina. The arbitration shall be
conducted in accordance with the Commercial Dispute Resolution Procedures and
Rules of the American Arbitration Association (“AAA Rules”) by a single
disinterested arbitrator appointed in accordance with such AAA Rules.
SAFETY DEVICES, GUARDING, OSHA AND OPERATOR TRAINING: Safety devices
furnished by Seller shall be limited to those specifically mentioned in the
proposal. However, the furnishing of such devices does not imply that the
devices furnished will protect an operator from injury when the machinery is
used as intended by Buyer. It is Buyer’s and/or User’s responsibility to be
sure that all points of hazard, including, but not limited to, cutting devices;
i.e. saws, cutterheads, etc., pinch points, feed drives, all moving parts,
kick-back areas, etc., are properly guarded as per the machines intended use,
and to properly forewarn all Operator(s) and/or User(s) of these potential
hazards, and to properly train Operator(s) and/or User(s) in the safe operation
and maintenance of the machinery. To that end, the Buyer(s) and/or User(s)
should obtain Operators and Safety Manuals from the original manufacturer or
secure the services of a qualified, certified Professional Safety Engineer. Seller
makes no warranties, expressed or implied, that the machinery when installed
and placed in operation and used by the Buyer and/or User will comply with the
Occupational Safety and Health Standards, Rules and Regulations, or orders
issued pursuant to the Occupational Safety and Health Act. It
is the sole responsibility of the Buyer to make certain that the machinery is
in compliance with all standards, rules, regulations and orders. Buyer agrees
to forever hold Seller harmless from any violations of standards, rules,
regulations and orders, including any penalties or citations which may be
issued as a result of violating any such standards, rules regulations and
orders.
END USE: Final determination of the suitability of the goods for the use
contemplated by Buyer is the sole responsibility of Buyer, and Seller shall in
no way be responsible for any suitability of the goods for any particular end
use.
INDEMNIFICATION: For goods sold hereunder Buyer assumes all risk and
liability for loss, damage or injury to persons or property of Buyer or others
arising out of the use or possession of the goods. Buyer agrees
to indemnity and hold harmless Seller from any and all claims or liabilities
asserted against Seller in connection with the manufacture, sale, delivery,
rental, loan, resale, repair, or use of the goods and/or of any obligation or
duty of Buyer as set forth herein.
RETURN POLICY
RETURNS. Many times a Buyer will inspect the equipment prior to payment
and taking delivery of the equipment. Used Machinery not inspected by the Buyer
is covered by the following published return policy as stated on our Invoice:
Unless otherwise agreed to in writing, the equipment, machinery or material
covered by this invoice is sold "as is, where is, and with all faults" with no
guarantee or warranty as to condition, merchantability or fitness for a
particular purpose, implied or otherwise.
Specifications are correct to the best of our knowledge, obtained from sources
deemed reliable. Still, we encourage your inspection prior to the sale to
confirm accuracy.
The "Sold To" party/buyer accepts that this sale is subject to our "Standard
Terms & Conditions," a copy of which is attached to this invoice and is
also available for review at any time the prospects or buyers request.
WARNING: The property or machinery sold under this document is used. It
may be incomplete or may not be equipped with guard or other safety devices
necessary for the particular use intended or required under current safety
regulations. In all cases, examine carefully for safety deficiencies before
operating.
If equipment is not as represented, EX-FACTORY INC reserves the right to make
repairs to correct the deficiency and/or reimburse the Buyer for incurred
expenses provided the Buyer makes notifications in writing of said deficiencies
within (2) weeks of receipt of the equipment.
New equipment is covered by factory warranty for 6 or 12 months against
manufacturer's defects.
INFERIOR GOODS & EQUIPMENT. If goods/equipment are significantly
inferior than represented and absolutely not acceptable to CUSTOMER, SELLER
will immediately refund purchase price, upon return of goods/equipment, freight
collect; CUSTOMER must notify seller in writing within (2) weeks of receipt of
the equipment of any deficiencies.
RETURN SHIPPING COST. If not stated otherwise for a specific sales
transaction, the Buyer has to bear the return shipping cost
REFUNDS. The Buyer's purchase amount is refunded in full if and when
equipment is returned prepaid to original shipping point; prior to return, the
Buyer must request an Return Goods Authorization (RGA) in writing from the
Seller within (2) weeks of the receipt of the equipment.
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