Sec. A - SHIPPING & DELIVERY
1. Shipping dates are only approximate and contingent upon delays beyond our control, including but not limited to: acts of God, civil or military authority, acts of public enemy, war, accidents, fires, explosions, earthquakes, floods, weather catastrophes, or other interruptions caused beyond the reasonable control of Seller.
2. Seller reserves the right to make partial deliveries of orders of Products, each of which deliveries may be invoiced separately by Seller.
3. Seller undertakes to make every attempt to adhere to its stated delivery parameters and to make a timely delivery of the Products but does not guarantee any delivery specifications.
4. Each contract entered into for the purchase of Products is not cancelable nor is Seller liable for any direct or indirect losses that may arise, for any reason whatsoever, due to Seller’s failure to meet any stated or assumed delivery schedules.
5. Purchaser agrees upon receipt of machinery subject to this agreement that it will be purchaser's duty to inspect all machinery on a continuing basis; to provide proper safety devices and equipment or means necessary to safeguard the operator from harm for any use or particular use, operation or set-up of such machinery; to adequately safeguard each piece of machinery or equipment; and, to meet all government safety standards which may be imposed from time to time, including, but not limited to, the 1970 Occupational Safety and Health Act (OSHA), as amended. Seller assumes no liability for consequential damages of any kind, and Purchaser, by acceptance of delivery, assumes all liability for the consequences of the use or misuse by anyone of machinery or equipment subject to this agreement.
Sec. B - DAMAGE OR LOSS IN TRANSIT
1. Seller assumes no liability for damage or loss of shipment of Products, which risk shall at all times remain with the carrier.
2. All shipments must be unpacked and examined by Client immediately upon receipt. Any external evidence of loss or damage must be noted on the freight bill accompanying the shipment of Products or carrier’s receipt and signed by the carrier’s agent at the time of delivery. Failure to do so will result in the carrier’s refusal to honor any claim relating to damage of Products.
3. Client must also notify Seller of such damage by providing Seller with a copy of the freight bill or damage report so that Seller can file a claim for loss or damage-in-transit with the carrier. If the damage does not become apparent until the shipment is unpacked, Client must make a request for inspection by the carrier’s agent and file with the carrier within 15 days after receipt of product and notify Seller of the same. Seller is not liable for consequential damage to Client’s property or a third-party’s property resulting from the installation of damaged Products.
Sec. C - 30-DAY RETURN PRIVILEGE
1. We will guarantee machines from our stock to be mechanically satisfactory or returnable in the same condition as shipped, freight prepaid, within 30 days from shipment for a complete refund of the purchase price, or repair at their option. This does not apply to machines sold "as is."
2. Custom built, non-stock or special order machines do not qualify for unconditional return unless otherwise noted.
Sec. D - RETURNS
1. In the event that a machine is to be returned, return authorization must be obtained first. No returns will be accepted without prior consultation to insure proper effort has been made to resolve any problems. If the equipment is found to be defective, it will be repaired or replaced at the manufacture's discretion. Costs incurred for the replacement/repair will be paid for by the manufacturer.
2. Products received by Client cannot be returned unless: (i) Client alerts Seller that it intends to return such Products, (ii) Seller agrees to accept the return of such Products, (iii) Client follows all return instructions provided by the Seller. Only Products returned to the proper location as instructed by Seller will be considered for credit.
3. All returned Products must be shipped to Seller at Client’s cost. Such returned Products must be received must be received within 1 yr. from original sale date, in as-new condition, adequate for resale as new Products to qualify for credit.
4. For products authorized for return after 30 days, the Client will be responsible for payment of a restocking charge for all returned Products in an amount no less than 20% of the invoice value of the Products (“Restocking Charges”).
5. Product received damaged or showing evidence of having been installed will be refused or assessed a higher restocking charge.
6. Custom products designed to a Client’s unique specifications are not returnable. If Client requests product to be returned to them, the Client will be responsible for return shipping charges.
Returns that result from Seller errors will be credited in full and will not be subject to Restocking Charges. Notification of such errors must be received within 30 days.