ACCEPTANCE: All proposals and acceptances of orders are made with the mutual understanding that orders are not subject to cancellation, and that a deposit is REQUIRED within a limited time or this invoice is invalid.
DELIVERY DATES: While every effort will be made to meet quoted or verbal delivery dates, those dates are estimated target dates only. Date of delivery is not guaranteed as those delivery dates are necessarily subject to fire, strikes, or labor trouble, storms, acts of governmental authority, acts of public enemies, freight embargo, performance of other human beings, circumstances beyond our control and the like.
ENTIRE AGREEMENT: These terms and conditions, together with the provisions contained on the reverse of this 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 officer of Hyman Equipment Inc. All prior conversations and representations with reference to this subject are superseded by this agreement. Seller shall not be bound by any terms of sale set forth herein unless the same shall be specifically agreed to in writing by an authorized officer of Hyman Equipment Inc.. Seller objects to provisions contained in Buyer’s forms which are different or in addition to the terms herein. Buyer’s purchase order is accepted expressly conditional on the Buyer’s assent to the terms and conditions, as the complete and exclusive statement of the terms of this agreement, which assent shall be manifested by Buyer’s accepting or retaining possession of the goods described on the reverse of this invoice.
MACHINE USE & SAFETY: Buyer acknowledges that the goods on the reverse of this invoice are pre-owned goods which were neither designed or manufactured by Hyman Equipment Inc., nor does Hyman Equipment Inc. have any knowledge, or control over the prior use or misuse of said goods. Nor does Hyman Equipment Inc. have any control or knowledge of the future use of the goods by the buyer. By purchasing the machinery on the reverse of this invoice, the buyer, his employees, assigns or agents: agrees not to exceed the manufacturers design specifications, whether known or unknown. It is the Buyers responsibility to provide the proper safety equipment, devices and instructions for any particular use, and to take the necessary steps to conform to all to all Federal, State and Local safety standards including OSHA. INDEMNIFICATION: Buyer agrees to hold harmless, indemnify and defend seller, its subsidiaries, affiliates or agents 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.
PRICES: All Prices are in US Currency (Dollars). Prices are exclusive of state, county or federal taxes. Any taxes shall be paid by the buyer in addition to the quoted purchase price. All prices subject to change without notice. Quotes are for a limited time.
TERMS: Deposit of 25% with order, balance due prior to shipment or within 14 days of order unless otherwise arranged with Hyman Equipment Inc. Failure to provide Hyman Equipment Inc. with balance within the 14 day period forfeits any deposit. RETURN PRIVILEGE TERMS ONLY APPLICABLE IF NOTED ON FACE OF INVOICE: This machinery is guaranteed to be mechanically as represented to purchaser or returnable in same condition as shipped, freight prepaid, within 30 days from shipment for a full refund, or repaired to quoted condition, at Hyman Equipment Inc.’s discretion only. Hyman Equipment Inc. is not responsible for any damage due to weather, riggers or truckers; or any damage involved in transport, loading or unloading. CLAIMS: Any and all claims for errors in merchandise must he 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 Seller’s option. In no event shall the Seller be responsible for special or consequential damages.
WARRANTY: The goods described are previously owned used goods and are offered “As is” unless otherwise noted on the reverse of this invoice. Seller makes no warranties of any kind whatever, expressed or implied, of merchantability and / or fitness for a particular purpose. All specifications, descriptions of said goods are approximate only. It is the buyers responsibility to inspect goods and ascertain all aspects of the goods conform to the buyers requirements.