TERMS & CONDITIONS OF SALES
The parties agree that the following warranties are:
a: no warranties of MERCHANTABILITY;
b: no warranties of FITNESS FOR A PARTICULAR PURPOSE;
c: no warranties either express or implied warranties of any kind whatsoever.
The Goods are sold by Seller to Buyer “AS-IS – WHERE IS”,
In No Event Shall Seller Be Liable For Any Of The Following:
a: lost profits
b: special damages,
c: incidental damages
d: consequential damages, or
e: other damages of any kind
Seller shall not be liable to Buyer for and Buyer shall defend, indemnify and hold Seller harmless as is permitted by applicable law with respect to any liability, loss, claim, damage or expense of any kind or nature caused or allegedly caused directly or indirectly by (a) the possession, use or performance of the Goods by Buyer, (b) any interruption or loss of service, use or performance of the Goods, (c) any loss of business or profits or any special, incidental or consequential damages, even If Seller shall have knowledge of the possibility of such potential loss or damage, (d) damage to the Goods or other property under any theory, and (e) injuries to persons occurring due to the acts or negligence of Buyer and/or third parties.
The Sellers salesman may have made statements about the merchandise described in this contract. Such statements do not constitute warranties, shall not be relied on by the Buyer, and are not part of the contract for sale.
Seller may exercise any right or remedy available to it by law or by agreement, and may recover legal fees and other expenses Incurred by reason of Buyers default or the exercise of any remedy hereunder, including expenses of repossession, repair, storage, transportation, and disposition of the Goods.
Shipments will be routed “Best Way”, transportation charges collect unless preferred routing is otherwise specified.
Always Equipment Inc. liability for later occurrences ceases on making delivery to the carrier at the shipping point. Carrier acts as Buyer’s agent. Always Equipment Inc. shall not be liable for losses, damages or delays occurring in transit. Claims for loss or damage should be made at once directly to the transportation company.
In some cases a deposit is required (i.e.; custom sizing, painting, etc…) this deposit will be non-refundable due to the nature of the transaction.
Orders are not subject to cancellation, except with Always Equipment Inc. consent, and upon terms and conditions that will indemnify Always Equipment Inc. against all loss.
Material shipped as ordered cannot be returned unless authorized by Always Equipment Inc. in writing. If returned merchandise is so authorized, the merchandise must be returned freight prepaid and a 25% service charge will apply.
Merchandise must be shipped within 2 weeks from the time Buyer has been notified. Storage fees will be added unless previously arranged & approved in writing from our office.
All merchandise must be paid in full prior to shipping with all funds cleared in our bank accounts, unless previously arranged & approved in writing from our office.
When date of delivery is given, Always Equipment Inc. will make every effort to make shipments as near that date as possible, but Always Equipment Inc. will assume no responsibility for any loss or inconveniences caused by non-delivery at specified time.
Always Equipment Inc. shall not be liable for failure to deliver or for delay in delivery of all or any part of the goods ordered herein by reason of war, civil commotion, labor troubles, fire, explosion, windstorm, reduce supply of raw materials, or any cause whatsoever beyond the control of Always Equipment Inc. which interferes with the production, consumption, or transportation of said goods.
In some instances Always Equipment Inc. will presale merchandise. If for some reason this material becomes unavailable we will make every effort to secure similar material. However if similar material cannot be procured in a timely fashion this is not the responsibility of Always Equipment inc. and a refund of any deposit will be made.
Title to the Goods shall pass to Buyer upon payment by Buyer of the full purchase price. Buyer shall deemed to have accepted the Goods upon the earlier of (a) any conduct by Buyer that is inconsistent with Seller’s ownership of the Goods, or (b) the passage of three business days after delivery of the Goods to Buyer and Buyer having given no notice to Seller within that period that the Goods do not conform to the description thereof set forth on the invoice. Buyer shall be responsible for all expenses incurred by Seller for the delivery of said goods.
When placing an order you agree to remit any “use” tax to the state in which it applies unless exempt.
Buyer agrees to pay all of Always Equipment Inc. attorney’s fees, costs and expenses incurred by Always Equipment Inc. in enforcing any of the provisions contained in the Terms and Conditions against the Buyer.
The terms and conditions shall be binding upon and insure to the benefit of the parties hereto and their respective heirs, representatives, successors and assigns, including, but not limited to, any third party transferee that purchases from either Always Equipment Inc. or the Buyer substantially all of the assets of either Always Equipment Inc. or the Buyer’s company.