Terms & Conditions

PETERSON MACHINERY SALES
A Division of Chicago Casket Company, An Illinois Corporation Since 1881

ARIZONA & NEW MEXICO'S LARGEST INVENTORY OF USED PRESSES, FABRICATING & METALWORKINGMACHINES

804 West Gila Bend Highway  - Casa Grande, Arizona 85122
Telephone: (520) 836-9727  - Facsimile: (520) 836-1944
Email Address: machine@petersonmachinery.com

Gentlemen:

We are pleased to offer the following page(s) for your consideration. Please note, this quotation is subject to the TERMS & CONDITIONS OF SALE shown below.

TERMS & CONDITIONS OF SALE

1. PAYMENT TERMS: Net Cash upon order or (1/3) deposit with order with balance due prior to delivery unless otherwise stated on the front of the invoice. A service charge of 1.5 % per month will be assessed on all accounts over 30 days past due.
2. TAXES: All sales are subject to applicable federal, state, and local use, sales and excise taxes which the buyer agrees to pay and which may be billed as part of the selling price, or separately, if the seller is required by any taxing authority to collect and pay such tax. Arizona resident businesses or individuals must complete and submit with Purchase Order, Transaction Privilege Tax Exemption Form ADOR 5000.
3. 30 DAY RETURN PRIVILEGE: Unless otherwise stated, every machine offered from our stock is guaranteed to be mechanically satisfactory to the purchaser or returnable in the same condition as shipped, freight prepaid, within 30 days for a complete refund.
4. WARRANTY DISCLAIMER: The goods described herein are pre-owned used goods and are offered "as is." Seller makes no warranties of any kind whatsoever, expressed or implied, and ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED and excluded from this agreement. All specifications and descriptions of said goods are approximate only. Seller makes no representation warranty that said goods conform to any specification, description of condition. It is the Buyer's responsibility to inspect the goods and to ascertain if the specifications, descriptions and condition of goods conform to the Buyer's requirements. Any warranty concerning said goods made by the third party is enforceable only against the third party and not the Seller.
5. CLAIMS: 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 the Seller shall be limited to repayment of the purchase price, or to repair or replacement of the goods at the Seller's option. In no event shall the Seller be responsible for special or consequential damages.
6. QUOTATIONS AND ACCEPTANCES: Terms of the proposal shall be accepted by the Buyer upon the issuance of a purchase order. By the issuance of a purchase order, the Buyer assents completely and exclusively to the terms and conditions herein. All proposals and acceptances orders are made with the mutual understanding that orders are not subject to cancellation. The shipping date is approximate only and may be subject to delays. This agreement shall be an Arizona contract and shall be interpreted and administered for all purposes under the laws of the state of ARIZONA.
7. MACHINE USE AND SAFETY: Buyer acknowledges that the good(s) described herein are pre-owned (used) goods which 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) responsibility to provide proper safety devices and equipment to safeguard the operator from harm for any particular use, operation, or set and to adequately safeguard the machine(s) to conform to all federal, state, local government safety stands, and all industry safety standards.
8. INSPECTION: Purchaser shall have the right to inspect the merchandise at the place of shipment prior to time of shipment.
9. TITLE: Title shall not pass to purchaser with delivery of the above personal property, but shall remain vested in Seller until the entire purchase price is paid.
10. WAIVER-INDEMNIFICATION: Buyer hereby (1) Waives, releases and discharges any and all claims (with the exception of claims for breach of this agreement, of any and every kind (including but not limited to injury or death or any person or damage to property), which it may have at any time against Seller, its agents or employees, by reason of or arising out of any condition or defect of the goods said hereunder, including by limited to any claimed improper design, specifications or manufacturing defect of goods sold hereunder, or devices; and (2) covenants to indemnify and hold harmless Seller, its agents and employees or, from and against any and all loss, damage, expense, claims, suits, cost of defense, including attorney's fees or liability which seller or any of its employees may sustain or incur at any time for or by reason of any injury to or death of any person or persons or damage to any property, arising out of any condition or defect of the goods sold hereunder or any claimed inadequate or insufficient safeguards or safety devices, or warnings.
11. ENTIRE AGREEMENT: These terms and conditions together with the provisions contained on the reverse side hereof 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 or seller. 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 Buyers 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 to in writing by a duly authorized officer of the Seller. Seller objects to provisions contained in buyer's forms which are different or are in addition to the terms herein. 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 asset shall be manifested by Buyer accepting or retaining possession of the goods described herein.