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| Terms & Conditions |
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1. PAYMENT. Terms of payment are net cash prior to shipment in United States Dollars, unless otherwise stated elsewhere in this
transmission.
2. TAXES. Prices are stated in United States Dollars and do not include any federal, state or local taxes, which are in addition to the
purchase price and must be paid by the Purchaser. Any and all foreign duties and taxes are the responsibility of the Purchaser. Unless
Purchaser furnishes Seller with a tax exemption certificate, any sales, use, excise or other similar taxes, where applicable, shall be added to
the quoted purchase price and invoiced by Seller to Purchaser.
3. FREIGHT AND INSURANCE. All freight and insurance charges are the responsibility of the Purchaser unless otherwise agreed to
between Seller and Purchaser.
4. DELIVERY. Unless otherwise stated elsewhere in this transmission, the purchase price is F. O. B. Place of Shipment and excludes
skidding or crating for shipment.
5. INSPECTION. The Purchaser shall have the right to inspect the equipment during normal business hours at its location prior to the time
of shipment.
6. NO WARRANTY. THE EQUIPMENT OR MERCHANDISE SOLD BY SELLER HEREUNDER IS SOLD AS IS AND WITHOUT
WARRANTY. SELLER NEITHER MAKES NOR ASSUMES ANY LIABILITY UNDER ANY WARRANTY, WHETHER STATUTORY,
BY OPERATION OF LAW OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SELLER DOES NOT WARRANT THAT SUCH EQUIPMENT
OR MERCHANDISE CONFORMS WITH ANY PLANS OR SPECIFICATION OF PURCHASER OR OTHERS OR MEETS ANY
REQUIREMENTS OF ANY FEDERAL, STATE OR LOCAL LAWS, REGULATIONS OR ORDINANCES PERTAINING TO SAFETY OR
INSURANCE REQUIREMENTS.
7. USED EQUIPMENT. IT IS UNDERSTOOD THAT THE PURCHASE OF ANY USED EQUIPMENT IS AS IS AND WITH ALL
FAULTS.
8. DEFAULT. If the buyer shall default in the performance of any of its obligations hereunder, then in addition to any and all other rights or
remedies which Seller may have against Buyer, Buyer shall be liable to Seller for all court costs and attorney fees incurred in enforcing
terms and provisions of this agreement.
9. PURCHASERS RESPONSIBILITY AND INDEMNITY. It shall be responsibility of the Purchaser to ensure that any equipment purchased
from Seller is installed and operated in a proper and safe manner. Purchaser also acknowledges that it may have to install or change guards,
safeties, warnings or other components to ensure that the machine will conform to all laws, regulations, ordinances, codes, insurance
requirements and industry standards. Purchaser agrees to defend, indemnify and hold harmless Seller from and against all suits, claims, costs
and expenses, including reasonable attorneys fees, for personal injury, death or property damage arising from the purchase, ownership or use
by the Purchaser, Purchasers agent, employees or independnt contractors of the equipment purchased.
10. NON-LIABILITY OF SELLER. Seller shall not be liable for its failure to perform hereunder due to any contingency beyond its
reasonable control, including acts of God, fires, floods, wars, sabotage, accidents, labor disputes or shortages, government laws, regulations,
ordinances or codes, inability to obtain material, material equipment or transportation and any similar or different contingencies. In no event,
whether as a result of breach of contract or warranty or tort (including negligence), will Seller be liable for any incidental or consequential
damages including, but not limited to, damages for loss of revenue, cost of capital, claims of customers for service interruptions or failure of
supply, and costs and expenses incurred in connection with labor, overhead, transportation, installation or removal of products or substitute
facilities or supply sources.
11. MODIFICATIONS. Purchaser acknowledges that these are the only terms and conditions of sale and are intended by the parties as a
complete and exclusive statement of the terms of their agreement, and supersedes all prior agreements, written or oral, and upon issuance of
Sellers invoice or acknowledgment will become part of that invoice or acknowledgment. No course of prior dealings between the parties and
no usage of the trade shall be relevant to determine the meaning of any agreement with Seller even though the accepting or acquiescing party
has knowledge of the nature of the performance and opportunity for objection. Whenever a term defined by the Uniform Commercial Code
is used herein, the definition contained in the Code shall control. Any variation from the terms hereof contained in Purchases acceptance is
hereby rejected. The Agreement of which these terms are a part can be modified or rescinded only by a writing signed by both parties or
their duly authorized agents.
12. CONSTRUCTION. These terms and conditions of sale and any agreement of which they are part, shall be construed in accordance with
the laws of the state of Kentucky.
13. QUOTATIONS. All quotations are made for immediate acceptance and are subject to withdrawal, change and prior sales without notice.
14. LIMITATION OF REMEDIES. NO CLAIM OF ANY KIND SHALL BE GREATER IN AMOUNT THAN THE PURCHASE PRICE
OF THE MERCHANDISE IN RESPECT OF WHICH SUCH DAMAGES ARE CLAIMED, AND FAILURE TO GIVE NOTICE OF CLAIM
WITHIN THIRTY (30) DAYS FROM THE DATE OF DELIVERY OR THE DATE FIXED FOR DELIVERY (IN THE EVENT OF
NONDELIVERY), SHALL CONSTITUTE A WAIVER BY BUYER OF ALL CLAIMS IN RESPECT OF SUCH MERCHANDISE. THE
REMEDY HEREBY PROVIDED SHALL BE THE EXCLUSIVE AND SOLE REMEDY OF BUYER ANY RIGHT TO CONSEQUENTIAL
AND INCIDENTAL DAMAGES IS EXCLUDED.
15. TIME FOR BRINGING ACTION. Any action by Buyer for breach of any agreement of which these Terms are a part shall be commenced within one year after the cause of action has accrued.
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