Used Machinery available for sale:
Terms: All quotes are for immediate acceptance, with cash or a cashier’s check due
with the order. All quotes are subject to withdrawal and prior sale. Price excludes
all applicable taxes, dismantling, rigging and shipping, all of which will be Buyer’s
responsibility. Risk of loss and title pass FOB on floor at current location of
equipment. All orders and agreements made by sales representatives are subject to
approval by an authorized officer Seller. Because the equipment is used, and Seller
has no direct knowledge regarding prior use, maintenance, abuse or misuse, Buyer
agrees to inspect the equipment, and verify that it meets its needs and desires.
Any descriptions of the condition of the equipment are not warranties. Equipment
is to be sold AS IS, WHERE IS, WITH ALL FAULTS, and
with no warranties of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.
Seller will not be liable for any incidental damages, consequential damages, or
lost profit damages, including any damages relating to delayed delivery, and any
damages shall be limited to the price paid to Seller. Buyer and/or users shall be
responsible to provide proper safety devices, equipment and training, and to comply
with all governmental or industry safety standards, including OSHA standards. Buyer
shall defend and indemnify Seller and Seller’s sales representatives from any claims
or liabilities arising from the set-up, operation or other use of the equipment.
Any claims against Seller shall be heard in Arizona courts without a jury, and be
decided under Arizona law.