Used Equipment
Terms and Conditions
Used
Equipment terms:
Full payment to be received upon purchase. Customer is responsible for
all rigging and freight charges unless otherwise stated. All used
equipment is shipped freight collect. We strongly recommend that
customer specify freight carrier.
Conditions:
There are no warranties expressed or implied by Thermal Tech Equipment
Co Inc. as to compliance with any particular 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), and The American National Standards Institute's Code B-151.1
of 1976 (and all amendments thereto). It is the buyer's duty to inspect
all machinery and to confirm all information. Further to provide proper
safety devises and equipment or means that may be necessary to safeguard
the operator from harm, and to safeguard each machine and equipment to
meet all government standards, including The Occupational Safety and
Health Act of 1970, and The American National Standards Institute's Code
B-151.1 of 1976 and later orders. This information is obtainable from
The Society of Plastics Industry, 1801 K Street NW, Suite 600K,
Washington, DC 20006 USA; Phone: +1-202-974-5200.
All goods are sold in
"as is" condition and with all faults and no description of the goods
contained herein shall operate as any type of warranty or
representation. Except as otherwise previously and expressly stated:
SELLER MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESSED OR
IMPLIED, AS THE MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR ANY
OTHER MATTER WITH RESPECT TO THE GOODS, whether used alone or in
combination with any other substances, materials, or goods. Buyer hereby
acknowledges that Buyer has had sufficient opportunity to inspect the
goods and is not relying on any expertise or representation of Seller or
Seller’s agents, either with respect to the character or quality of the
goods or with respect to the use of the goods. Buyer expressly assumes
all risk of injury or damage to Buyer, Buyer’s property, and Buyer’s
employees and agents and all responsibility therefore, which may arise
out of the possession, handling, use, or operation by Buyer, Buyer’s
employees or Buyer’s agents for any purpose whatsoever. Furthermore,
Buyer hereby agrees to indemnify and hold harmless Seller and Seller’s
employees and agents against and from any and all liabilities, causes of
action, damages, claims, penalties, and cost and expenses related
thereto, including all cost of defense and settlement and reasonable
attorney’s fees, arising from or growing out of any possession,
handling, operation, or use of goods for and after the date of delivery
of the goods to Buyer, and Buyer further agrees, upon Seller’s request
to defend any cause of action suite or claim which may be brought
against Seller, relating to any subsequent handling, operation or use of
goods.
Used Machinery Warranty:
It is strongly recommended, that all proposed equipment be inspected and
specifications verified by the buyer prior to sale. The buyer purchases
above machinery "as is, where is, and with all faults", having no
implied or expressed warranty that the machinery be merchantable or fit
for any particular purpose, and no warranty which extends beyond the
description on this quotation. Should any literature be obtained from
Thermal Tech Equipment Co Inc., such literature does not mean or warrant
or imply that Thermal Tech Equipment Co Inc. represents or has verified
its accuracy. Any literature is to only be used as a guide and Thermal
Tech Equipment Co Inc can not guarantee its accuracy.
Taxes:
Quotations and price lists do not include provision for taxes, duties,
tariffs, brokerage, or items of a similar nature of any kind.
Limitation:
The company shall not be liable for failure to perform
any obligation with respect to Buyer resulting directly or indirectly
from or contributed to by the acts of God; acts of Buyer; civil or
military authority; fires; strikes or other labor disputes; accidents;
floods; epidemics; war; riots; delays in transportation; inability to
obtain raw materials, components, labor, fuel or supplies; or any other
circumstance beyond sellers’ reasonable control whether similar or
dissimilar to the foregoing. Abuse, misuse, or failure to follow
operating and maintenance procedures will void warranty. The Company
shall not liable under any circumstances for any special, indirect, or
consequential damages arising from defective equipment. No implied
statutory warranty of merchantability or fitness for a particular
purpose shall apply. No other warranty of any nature is expressed or
implied.
Notes:
(1) All machines offered subject to prior sale and for acceptance within
30 days from date of quotation. (2) Prices subject to change without
notice. (3) Payments are to be made in U.S. funds. (4) Specifications
and terms are subject to change without notice (5) Orders are not
subject to cancellation except by written, mutual consent.
Revised 04/25/05 |