Conditions of Sale

ACCEPTANCE-QUOTATIONS/INVOICES: The goods being offered herein are subject to prior sale and are intended for immediate acceptance. By the issuance of a purchase order, Buyer accepts completely and exclusively the terms and conditions herein, which constitute the entire contract. The Seller shall not be bound by any other terms contained within the Buyer’s purchase order or any other document which attempts to impose conditions at variance with terms and conditions of this quotation/invoice unless said variance is specifically agreed to in writing by a duly authorized officer of the Seller. All quotations and acceptances of orders are made with the mutual understanding that orders are not subject to cancellation. The shipping date is approximate only and may be subject to delays and availability of goods. This agreement shall be a MICHIGAN contract and shall be interpreted and administered for all purposes under the laws of the State of Michigan.

TERMS: Terms are cash with order and before removal of goods, unless otherwise agreed to in writing. It is understood that there are no conditions or agreements outside of this written quotation/invoice and that all prior conversations, agreements or representations with reference to its subject matter are superseded. All sales are subject to applicable federal, state, and local use, sales and excise taxes which the Buyer agrees to pay, and which may be billed as part of the selling price, or separately, if the Seller is required by any taxing authority to collect and pay such a tax. A 1-1/2% monthly service charge will be added to all balances 30 days past due.

TITLE: Title shall not pass to Buyer upon delivery of the goods but shall remain vested in Seller until entire purchase price and applicable taxes are paid in full.

CLAIMS: In the event of any breach of this sales agreement by the Seller, it is expressly agreed that the Buyer’s sole and exclusive remedy shall be limited to a return of the goods, freight prepaid, for a refund of the purchase price only. Seller shall not accept for refund goods altered in any way. Seller shall not be liable for failure to perform due to contingency beyond its control including, but not limited to government actions, acts of God, catastrophic events, fires, floods, wars, thefts, labor disputes or inability to obtain materials or equipment. In no event shall Seller be responsible for any special or consequential damages.

WARRANTY: The goods described herein are preowned used goods and are offered “as is” unless otherwise noted herein. Seller makes no warranties of any kind whatever, express, or implied, and ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED AND EXCLUDED FROM THIS AGREEMENT. All specifications and descriptions of said goods are approximate only. Seller makes no representation or warranty that said goods conform to any specifications, capacities, design or engineering standards, description, condition or performance. It is the Buyer’s responsibility to inspect the goods and ascertain if the capacities, specifications, description, and condition of the goods conform to the Buyer’s requirements. New goods will include the manufactures warranty. Any warranty concerning said goods made by a third party is enforceable only against the party and not the Seller.

MACHINE USE AND SAFETY: Buyer acknowledges that the goods described herein are preowned used goods which were neither designed nor manufactured by the Seller, nor has the Seller knowledge of, or control over, the prior use or misuse of said goods; nor does the Seller have knowledge or control over the future application of these goods by the Buyer. It is the Buyer’s (user’s) responsibility to provide proper safety devices and equipment for any particular use, operation, or setup, and to take all necessary steps to conform to all federal, state, and local government safety standards and all industrial safety standards, including OSHA.

INDEMNIFICATION: Buyer agrees to indemnify, hold harmless and defend Seller, its subsidiaries, affiliates, or agents of and 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.

WAIVERS: Waiver by Seller of a breach of any of the terms and conditions of this or any agreement with Buyer shall not be construed as a waiver of any other breach. These terms and conditions constitute the entire agreement and such agreement shall not be modified or amended except in writing and with acceptance by an authorized officer of the Seller. Seller shall not be bound by any terms of the Buyer’s forms or documents which attempt to impose conditions at variance with these terms and conditions.

5 Ton, YALE, Span 46' 4", 1994, 19' Lift, Class D, Pendant, 460/3/60 [#2242]