Fab-equipment Terms & Conditions of Sale

 

GENERAL TERMS : By Purchasing equipment from Fab-equipment the buyer agrees to all the terms and conditions listed and any other terms expressly added to this invoice.

 

PRICES : All Prices are in U.S. Currency (Dollars). Prices are exclusive of state, county or federal taxes. Any taxes shall be paid by the buyer in addition to the quoted purchase price.

 

DELIVERY DATES : While every effort will be made to meet quoted or verbal delivery dates, those dates are estimated target dates only. Date of delivery is not guaranteed as those delivery dates are necessarily subject to fire, strikes, or labor trouble, storms, acts of governmental authority, acts of public enemies, freight embargo, acts of God, and the like.

 

ACCEPTANCE : All proposals and acceptances of orders are made with the mutual understanding that orders are not subject to cancellation, and that a deposit is REQUIRED within 7 calendar days or this invoice is invalid.

 

TERMS : All items are to be paid in full prior to shipment. If a hold is desired, a 10% deposit is required to hold machines for up to 30-days. Deposit is non-refundable 14-days after received.

 

RETURN PRIVILEGE TERMS : If Machinery proven to be mechanically unsatisfactory, you may return it within 15 calendar days from date of machine arrival, buyer to pay all freight and removal charges for a refund of the purchase price or it will be repaired to quoted condition, at Fab-equipment’s Discretion only. Machine must be returned in the condition it was received in. This does not include machinery where Fab-equipment acts as a Broker or Consignor or where otherwise stated. Fab-equipment is not responsible for any damage due to weather, riggers, trucking, or any damage involved in transport, loading, unloading or situations beyond Fab-equipment's control.

 

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 Fab-equipment's permission. It is expressly agreed that the Buyers sole and exclusive remedy for any claims arising under this agreement against Seller shall be limited to return of goods and repayment of purchase price or to repair or replacement of goods at Fab-equipment's option. In no event shall Fab-equipment be responsible or liable for special or consequential damages.

 

MACHINE USE & SAFETY : Buyer acknowledges that the goods on the invoice are pre-owned goods which were neither designed or manufactured by Fab-equipment, nor does Fab-equipment have any knowledge, or control over the prior use or misuse of said goods. Nor does Fab-equipment have any control or knowledge of the future use of the goods by the buyer. By purchasing the machinery on the invoice, the buyer, his employees, assigns or agents; agrees not to exceed the manufacturers design specifications, whether known or unknown. It is the buyer's responsibility to provide the proper safety equipment, devices and instructions for any particular use, and to take the necessary steps to conform to all to all Federal, State and Local safety standards including OSHA.

 

INDEMNIFICATION : Buyer agrees to hold harmless, indemnify and defend seller, its subsidiaries, affiliates or agents from any and all claims or liabilities involving or alleged to involve these goods which are caused by acts or omissions of the buyer, his employees, assigns or agents.

 

ENTIRE AGREEMENT : These terms & conditions, together with the provisions on the invoice, are intended by the Seller and the 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 with reference to this subject and superseded by this agreement. Seller shall not be bound to any terms of sale set forth herein unless the same shall be specifically agreed to in writing by an authorized officer of Fab-equipment. 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 the buyers assent to the terms and conditions, as the complete and exclusive statement of the terms of this agreement, which assent shall be manifested by buyer’s accepting or retaining possession of the goods described on this invoice.