GOVERNING LAW: This agreement shall be a Wisconsin contract
and shall be interpreted and administered for all purposes under the laws of Wisconsin.
QUOTATIONS AND ACCEPTANCE: For immediate acceptance and subject to prior sale or
change without notice. All proposals and acceptances of orders are made with the mutual
understanding that orders are not subject to cancellation. The shipping date is
approximate and conditional upon delays beyond our control. Machinery descriptions are
intended only as a guide and their accuracy should be checked.
GUARANTEE: We will accept the return of a machine sold within thirty days of shipment,
freight prepaid, for the refund of the purchase price if proven mechanically
unsatisfactory. In lieu of refund, we may repair such machine at our sole option.
Machines sold directly from auction, brokered by us from third parties, offered "as is"
or "as Inspected" are not covered by this warranty unless otherwise specified.
TERMS: One-third with order and balance prior to shipment unless otherwise arranged.
MACHINE USE AND SAFETY: Buyer acknowledges that the goods covered by this quotation
or invoice are preowned and/or used goods which were neither designed nor manufactured
by seller nor does seller know of the specific application of these goods by the buyer,
nor of alterations or modifications made by any former owner. It is the user’s
responsibility to provide proper safety devices and equipment to safeguard the operator
from harm for any particular use, operation, or set up, and to adequately safeguard the
machine, or machines, to conform to all Federal, State and Local Government Safety
Standards and ALL Industry Safety Standards, including the Occupational Safety and
Health Act of 1970 as amended.
INDEMNIFICATION: It is agreed that the buyer and user shall, at their own expense
defend any claim or action which may be brought by any person or firm claiming damages
for personal injuries resulting from the operation of the above equipment and shall
indemnify and hold the seller harmless from any such claim resulting in judgement
based on or caused by: (1) the failure of buyer, buyers officers, agents or employees
to follow manufacturer’s 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 or
equipment, 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 or to any party who sold such machinery or equipment to seller;
or (5) liability, loss or damages, claims, demands, costs or judgements based upon or
resulting from any theory of breach of warranty of any kind.
SEVERABILITY: The provisions of this agreement are severable and if any provision
of this agreement is held invalid, such invalidity does not affect other provisions
which can be given effect without the invalid provision.
