Seller may submit this proposal to other buyers. As such, the first buyer accepting in writing in accordance with the terms and conditions contained herein will have a binding contract for sale and delivery. All proposals and acceptances of orders are made with the mutual understanding that orders are not subject to cancellation, provided that shipment is made within the time promised, or if not made within the time promised, was not as a result of circumstances within the control of Seller.
Quoted prices are for immediate acceptance only. They exclude all sales, use, excise or other taxes and are F.O.B. Ventura, CA, unless otherwise indicated. Taxes are paid by the buyer in addition to the quoted price.
Specifications are correct to the nearest of Seller’s ability and are solely intended as a guide. To the best of Seller’s knowledge, all descriptions are accurate. However, the buyer is advised to inspect the equipment and/or machinery offered herein.
Used machinery and/or equipment is sold “as is; where is” and is subject to buyer inspection.
The machinery or equipment offered hereunder is offered with the understanding that it may or may not conform with all of the occupational safety and health administration standard (O.S.H.A.)
This proposal is not accepted unless accompanied by payment of the sale price in cash. As such, this proposal will be valid for thirty (30) days subject to availability.
Shipping dates are approximate and are conditional upon delays or nonperformance caused by circumstances beyond the control of Seller. As such, transportation shall be F.O.B. Truck, Ventura, CA, unless otherwise indicated, at buyer’s risk.
Title to the machinery or equipment offered hereunder does not pass to buyer until full payment has been received by Seller.
7. BUYER’S RESPONSIBILITY
Buyer acknowledges his responsibility to comply with all current necessary safety and electrical requirements applicable to the purchased machinery’s and/or equipment’s end use and geographic location.
Upon acceptance of this contract, buyer agrees to indemnify and hold Seller harmless from any and all liability, loss or damages which Seller may suffer as a result of claims, demands, costs or judgments are based upon or result from (1) the failure of buyer, buyers officers, agents or employees to follow manufacturer instructions, warnings or recommendations; or (2) the failure of buyer, buyer’s officers, agents or employees to comply with Federal, State or local laws or regulations applicable to the use of such machinery, including, but not limited to , 1970 Occupational Safety and Health Act as amended; or (3) any liability loss or damages , claims, demands, costs or judgements based upon or resulting from any legal theory of strict liability or liability without fault applied to buyer or to Seller or to the original manufacturer of the subject machinery or equipment to Seller; or (4) any liability, loss or damages, costs or judgements based upon or resulting from any theory of breach of warranty of any kind.
Buyer, in purchasing equipment and machinery, agrees upon receipt of machinery and equipment subject to this agreement to inspect all machinery and equipment on a continuing basis; provide proper safety devices and equipment or means necessary to safeguard the operator from harm for any particular use, operation or set-up of machines and/or equipment; to adequately safeguard each machine or equipment to meet all Government Safety Standards which may be imposed from time to time, including, but not limited to, 1970 Occupational Safety and Health Act.
If any machine or equipment guaranteed by the Seller does not prove satisfactory mechanically, the buyer may return if freight prepaid to the original location where it was picked up providing that the same is returned within thirty (30) days from the date of shipment and that the machine is returned in as good a condition as when shipped. Seller will refund the purchase price in full. This does not apply to machinery or equipment sold “as is” or “subject to inspection” or with that machinery or equipment in which Seller exercises its option of repairing the machinery and/or equipment and/or rectifying the mechanical problem.
10. MISCELLANEOUS TERMS AND CONDITIONS
A) Seller reserves the right to correct typographical errors contained in the specifications.
B) The goods sold herein are not warranted to be merchantable or for any part or purpose whatsoever.
C) It is understood that there are no conditions or agreements outside of this written proposal and that all prior conversations, agreements, or representations with reference to its subject matter are hereby superseded.