MDNA GUARANTEE & RETURN PRIVILEGE:
Seller will accept within 30 days from shipment any machinery and equipment
sold with return privilege, freight prepaid for refund of the purchase price
if proven mechanically unsatisfactory, or will repair same at Seller’s option.
This guarantee does not apply to machines sold directly from private end
user’s plants, from auctions, from non-MDNA dealer stock, sold “as is or as
inspected”, negotiated sale at a reduced price or “New” machines which are
subject to the original equipment manufacturer’s guarantee.
Belter Machinery is now offering an Equipment Breakdown Warranty on used and
new equipment! This
inexpensive warranty provides you with bottom-line protection if a mechanical
or electrical breakdown occurs within the first year. Both parts and labor are
included, and unlike most OEM warranties even breakdowns resulting from
operator error are covered. You can use a repair firm of your choice, and
payments for a covered loss will be made directly to you. Pricing, limits, and
deductibles are based on the selling price. This warranty is provided in
cooperation with The Hartford Steam Boiler Inspection and Insurance Company, a
leading equipment breakdown insurer. This is only a summary. Please visit
www.hsb.com/warranty02 for more
information about this valuable protection, including the actual terms and
conditions. This Warranty applies only while the Covered Equipment is located
within the United States of America, Canada, Mexico or Puerto Rico. This
Warranty is not available to equipment buyers in the following states: Alaska,
Colorado, Connecticut, Idaho, Maine, Missouri, New York, Oregon, Utah, and
There are no conditions and agreements outside of this written
quotation/invoice and that all prior conversations, agreements, or
representations with reference to its subject matter are superseded. Care is
taken to give reliable descriptions of goods, but these are not guaranteed,
and prospective buyers are advised to verify details. Specifications are
approximate only, intended solely as a guide, and are not binding upon the
Seller. We reserve the right to correct typographical errors.
QUOTATIONS AND ACCEPTANCES:
All quotations are offered for immediate acceptance and shall
remain open for ten days from the date the proposal is made. All quotations
are offered subject to prior sale or other disposition and change without
notice. All acceptances of orders are made with the mutual understanding that
orders are not subject to cancellation.
shall have the right to inspect the merchandise at the place of shipment prior
Full payment (free and clear funds) with order and before removal
of goods unless otherwise agreed to in writing. Buyer shall pay all
transportation charges and any additional charges for packaging the buyer
requires. All amounts are in U.S. dollars.
TAXES: All prices contained in the attached quotation are exclusive of
any Federal, State, or Local sales, use, property or excise taxes. If Seller
is required by law or regulation to pay any tax on account of this
transaction, Buyer shall reimburse Seller for such taxes on demand.
Title shall not pass to Buyer upon delivery of the goods, but shall
remain vested in the Seller until the entire purchase price and applicable
sales taxes are paid in full.
All shipping dates are approximate and are subject to unavoidable
delays caused by strikes, accidents, acts of God, or other causes beyond our
control including but not limited to acts and regulations by the Federal
All risk of loss to the goods following delivery to the rigger or
carrier for shipment shall be upon Buyer. Buyer shall insure the goods fully
for Seller’s benefit until the full purchase price is paid. All claims made
against any carrier for loss or damage in transit shall be made by the Buyer
regardless of which party arranged shipping.
Any and all claims for errors in merchandise must be made in
writing immediately upon receipt of goods; no credit will be allowed on
returned goods without our permission. It is expressly agreed that Buyer’s
sole and exclusive remedy for any claims arising under this agreement against
Seller shall be limited to return of the goods and repayment of the purchase
price, or to repair or replacement of the goods at the Seller’s option. In no
event shall Seller be responsible for special or consequential damages.
All notices shall be by registered or certified mail, return
receipt requested, to the addresses of the parties shown herein.
GOVERNING LAW: This
writing shall be construed and enforced in accordance with the laws of the
State of Illinois.
USE & SAFETY:
Buyer acknowledges that the goods described herein were neither
designed nor manufactured by the Seller, nor does the Seller have any
knowledge or control over the prior use or misuse of the goods or the future
application of these goods by the Buyer. It is the Buyer’s (User’s)
responsibility to provide proper safety devices and equipment to safeguard the
operator from harm for any particular use, operation, or setup, and to
adequately safeguard the machine, or machines, to confirm to all Federal,
State, and Local government safety standards, and all industry safety
Buyer agrees to indemnify, hold harmless, and defend Seller from
and against any and all claims, demands, liabilities, costs or lawsuits
arising out of use of or in any way involving injury or accident occasioned by
said goods or equipment. Said agreement includes, but is not limited to, the
duty to indemnify, hold harmless and defend seller in any of the following
situations: (1) claims involving or alleging improper or negligent design,
maintenance, construction, reconstruction, repair, alteration or modification
of the equipment or goods by seller, its agents or employees; (2) claims
involving allegations of failure, negligent or otherwise, on part of Seller to
equip said equipment with safety devices as required by Federal, State, or
Local government statutes, rules or regulations, or as is customary in the
trade; (3) claims involving or alleging negligence by the Seller, either alone
or jointly with Buyer or any other person, firm or organization. Buyer
specifically agrees to indemnify, hold harmless and defend Seller from any
claims alleging negligence on the part of the Seller and waives benefit of any
laws, rules and regulations contrary to, or in limitation of this agreement.
The covenants expressed herein shall be severable, and the invalidity, now or
in the future, of any of the covenants recited herein shall not affect the
validity of the remaining covenants.
The goods described herein, unless otherwise described as “New”,
are pre-owned goods and are offered “as is” unless specifically sold with
return privilege as noted herein. “New” machines are subject to the
manufacturer’s guarantee; copy provided upon request. All implied warranties
of merchantability and fitness for a particular purpose are hereby disclaimed
and excluded from this agreement. Seller makes no representation or warranty
that said goods conform to any specification, description or condition. It is
Buyer’s responsibility to inspect the goods and to ascertain if the
specifications, descriptions and conditions of the goods conform to the
Buyer’s requirements. Any warranty concerning said goods made by any third
party is enforceable only against the third party and not the Seller.
Buyer shall pay for all collection costs which are incurred by
Seller in connection with this order, including reasonable attorney’s fees.
These terms and conditions, together with the provisions contained
in the quotation/invoice are intended by the Seller and Buyer to be a complete
and exclusive statement of the terms of the agreement, and such agreement may
not be modified, amended, or waived except by a writing executed after the
date hereof by an authorized Seller officer. All prior conversations and
representations with reference to this subject matter are superseded by this
agreement. Seller shall not be bound by any terms of Buyer’s purchase order
forms or other documents which attempt to impose conditions at variance with
Seller’s terms and conditions of sale set forth herein unless the same shall
be specifically agreed in writing by a duly authorized officer of the Seller.
Seller objects to provisions contained in Buyer’s forms which are different or
in addition to the terms herein. Seller’s failure to object to provisions in
Buyer’s purchase orders or other communications shall not be deemed a waiver
of the terms and conditions hereof nor acceptance of such provisions. Buyer’s
purchase order is accepted expressly conditional on Buyer’s assent to the
terms and conditions herein, as the complete and exclusive statement of the
terms of this agreement, which assent shall be manifested by the Buyer
accepting or retaining possession of the goods described herein. These terms
and conditions of sale constitute an integral part of the quotation/invoice
and/or sale of the property described herein and are not subject to waiver or