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INDUSTRIAL ASSETS MACHINERY
IS PLEASED TO OFFER FOR YOUR CONSIDERATION:
Stock # 6528P - Nachi Hydraulic Pump
Model: VDC- 1B- 2A9- E35
Tank Size 40Gallon
Dimensions (L x W x H) 36" x24" x 30"
Location: Painesville, OH
BUYER IS RESPONSIBLE FORRIGGING/SHIPPING. Quotes may be provided upon request.
Item is sold "as is, where is" andinspection is encouraged. Please call 323-587-1887 for an inspectionappointment or questions
Industrial Assets Machinery
2301 Belgrave Ave
Huntington Park Ca, 90255
IA MACHINERY DISCLAIMER, TERMS & CONDITIONS
1. PaymentTerms: Terms of payment, unless otherwise specified, are:
· for machinery and tooling sold withoutrefurbishing, net cash upon receipt of invoice;
· for machinery and tooling sold withrefurbishing, one-third down upon receipt of invoice, balance upon notice ofcompletion of refurbishing work.
All payments are to bemade in US$. A late penalty shall be charged on all amounts over 30 dayspast due computed on an interest rate equal to 18% per annum. Buyer shallalso be liable for any and all costs and expenses incurred by IA MACHINERYarising out of or in connection with efforts by IA MACHINERY to collect anyunpaid amounts hereunder including, without limitation, attorney or collectionagency fees and expenses. No forbearance, indulgence, or delay by IAMACHINERY in taking any action hereunder shall be deemed a waiver of any rightsof IA MACHINERY under this Agreement. Title to this machinery and/ or toolingremains vested with IA MACHINERY and will only pass to Buyer upon payment ofall amounts due under this Agreement.
2. Taxes: Prices do not include any federal, state, or local taxes, which are in additionto the purchase price and must be paid by Buyer. Any and all foreignduties and taxes are the responsibility of Buyer. Unless Buyer furnishesIA MACHINERY with a tax exemption certificate, any sales, use, excise, or othersimilar tax, where applicable, shall also be the responsibility of Buyer andmay, at the election of IA MACHINERY, be added to the quoted purchase price andinvoiced by IA MACHINERY to Buyer. The failure of IA MACHINERY to invoicesuch taxes does not excuse the Buyer from responsibility for paying same.
3. Acceptance ByBuyer; Return Privilege: Buyer agrees that its acceptance of the machinery and/or tooling tendered shall constitute an acknowledgment by Buyer that suchmachinery and/ or tooling satisfies any and all obligations of IA MACHINERYhereunder. Buyer may not revoke its acceptance for any reason whatsoever,provided, however, that if a return privilege is provided, IA MACHINERY willguarantee the machinery and/ or tooling to be mechanically satisfactory for thenumber of days as stated on our invoice, beginning from the date of shipment.If any mechanical defects arise within said period, then said machinery and/ ortooling is returnable for a complete refund provided that the machinery and/ ortooling is returned in the same condition as shipped, freight prepaid by Buyer,or repaired at Sellers option.
4. Freight AndInsurance: All freight and insurance charges are the responsibility ofBuyer unless otherwise agreed by IA MACHINERY and Buyer in writing.
5. Inspection: Upon reasonable notice to IA MACHINERY, Buyer shall have theright to inspect the machinery and/ or tooling ex location during normalbusiness hours prior to time of shipment.
6. NOWARRANTY: THE MACHINERY AND/ OR TOOLING SOLD BY IA MACHINERY HEREUNDER ISSOLD AS IS AND WITHOUT WARRANTY.
IA MACHINERY NEITHERMAKES NOR ASSUMES ANY LIABILITY UNDER ANY WARRANTY, WHETHER CONTRACTUAL,STATUTORY, BY OPERATION OF LAW OR OTHERWISE. THE WARRANTIES DISCLAIMEDHEREUNDER INCLUDE, BUT ARE NOT LIMITED TO, IMPLIED WARRANTIES OFMERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
IA MACHINERY DOES NOTWARRANT THAT THE MACHINERY AND/ OR TOOLING WILL NOT INFRINGE ANY PATENT,TRADEMARK OR OTHER RIGHTS OF A THIRD
PARTY, OR THAT SUCHMACHINERY AND/ OR TOOLING CONFORMS WITH ANY PLANS OR SPECIFICATIONS OF BUYER OROTHERS, OR MEETS ANY REQUIREMENTS OF ANY FEDERAL, STATE, OR LOCAL LAWS,REGULATIONS OR ORDINANCES, PERTAINING TO SAFETY OR INSURANCEREQUIREMENTS.
NO EMPLOYEE, ASSOCIATEOR OTHER REPRESENTATIVE OF IA MACHINERY HAS AUTHORITY TO MAKE ANYWARRANTIES. THE DISCLAIMERS OF WARRANTIES SET FORTH IN THIS AGREEMENT MAYONLY BE MODIFIED OR SUPPLEMENTED IN A WRITING DULY SIGNED BY AN OFFICER OF IAMACHINERY. IT IS BUYER’S RESPONSIBILITY TO INSPECT THE MACHINERY AND/ ORTOOLING AND TO ASCERTAIN IF THE SPECIFICATIONS, DESCRIPTIONS AND CONDITIONTHEREOF CONFORM TO BUYERS REQUIREMENTS. ANY WARRANTY CONCERNING SAIDMACHINERY AND/ OR TOOLING MADE BY ANY THIRD PARTY IS ENFORCEABLE ONLY AGAINSTTHE THIRD PARTY AND NOT AGAINST IA MACHINERY.
7. BuyersResponsibility And Indemnity: It shall be Buyers responsibility toensure that any machinery and/ or tooling purchased from IA MACHINERY isinstalled and operated in a proper and safe manner. The Buyer alsoacknowledges that it may
have to install orchange guards, safeties, warnings or other components to ensure that themachinery and/ or tooling purchased hereunder will conform to all laws,regulations, ordinances, codes, insurance requirements and industrystandards. Buyer shall bear and pay all expenses, losses and damages thatmay arise from the transportation of the machinery and/ or tooling, and alllosses, damages, debts and liabilities incurred by the Buyer in connection withits purchase of the machinery and/ or tooling and every other expense relatingor incidental thereto, except such costs, damages or expenses as may arise fromany action or proceeding brought against the Buyer with respect to the title ofIA MACHINERY to the machinery and/ or tooling, and IA MACHINERY right to selland advertise the same. Buyer agrees to defend, indemnify and holdharmless IA MACHINERY from and against all suits, claims, costs, damages andexpenses, including, but not limited to, reasonable attorneys fees, arisingout of, or in connection with, the transportation, purchase, ownership, or useof the machinery and/ or tooling sold hereunder.
8. Non-LiabilityOf IA MACHINERY: IA MACHINERY shall not be liable for its failure toperform hereunder, due to any contingency beyond its reasonable control,including acts of God, fires, floods, wars, sabotage, accidents, labor disputesor shortages, government laws, regulations, ordinances or codes, inability toobtain material or equipment and any similar or different contingencies. In no event,
whether as a result ofbreach of Agreement, delay in shipment, or express or implied warranty, tort(including negligence) or otherwise, will IA MACHINERY be liable to Buyer, itssuccessors or assigns, for any incidental or consequential damages including,but not limited to, damages for loss of revenue or profits, cost of capital,claims of customers for service interruptions or failure of supply, or costsand
expenses incurred inconnection with labor, overhead, transportation, installation or removal ofproducts or substitute facilities or supply sources, even if IA MACHINERY shallhave been advised of the possibility of such damages.
9. Modifications: Buyer acknowledges that these are the only terms andconditions of sale, are intended by the parties as a complete and exclusivestatement of the terms of their agreement, supersedes all prior agreements,written or oral, and, upon issuance of IA MACHINERY invoice oracknowledgement, will become part of that invoice or acknowledgement. No courseof prior dealings between the parties, no usage of trade, nor any formpreferred by Buyer containing different or conflicting terms, shall be part ofthe parties agreement, nor shall they be relevant to determine the meaning ofany agreement with IA MACHINERY even though the accepting or acquiescing partyhas knowledge of the nature of the performance and opportunity forobjection. Whenever a term defined by the Uniform Commercial Code("Code") is used herein, the definition contained in the Code shall control. Any variation from the terms
hereof contained inthe Buyers acceptance is hereby rejected. The Agreement of which theseterms are a part can be modified or rescinded only by a writing signed by IAMACHINERY.
10. Quotations: All quotations are made for immediate acceptance and aresubject to withdrawal or change at any time and without notice. Buyerrequests that IA MACHINERY continue to provide Buyer with information on theavailability and cost of
machinery IA MACHINERYmay offer for sale in the future, and agrees to accept such information byfacsimile, mail, or such other means as IA MACHINERY may employ.
11. LIMITATIONOF REMEDIES: NO CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALLBE GREATER IN AMOUNT THAN THE PURCHASE PRICE OF THE MERCHANDISE OR EQUIPMENT INRESPECT OF WHICH SUCH DAMAGES ARE CLAIMED. FAILURE TO GIVE NOTICE OFCLAIM WITHIN THIRTY (30) DAYS FROM THE DATE OF DELIVERY OR THE DATE FIXED FORDELIVERY (IN THE EVENT OF NONDELIVERY) SHALL CONSTITUTE A WAIVER BY BUYER OFALL CLAIMS IN RESPECT OF SUCH MACHINERY AND/ OR TOOLING. THE REMEDYHEREBY PROVIDED SHALL BE THE EXCLUSIVE AND SOLE REMEDY OF BUYER AND ANY RIGHTTO CONSEQUENTIAL AND INCIDENTAL DAMAGES IS EXCLUDED.
12. Waiver OfRight To Jury Trial/Submission To Jurisdiction/Designation Of Law AndForum: In any action brought by Buyer, or any successor or assignee ofBuyer arising out of or related to this Agreement, or the merchandise or goodssold hereunder, Buyer hereby waives its right to a trial before a jury. Theparties agree that the law of the State of California shall control inconstruing this contract and in any such dispute and that all such actionsbrought arising out of or related to this agreement shall be
brought in a court ofcompetent jurisdiction located in Los Angeles County, California.
13. Bankruptcy: In the event any one or more of the following shall occur,any and all obligations of IA MACHINERY hereunder, including withoutlimitation, any obligation to deliver machinery and/ or tooling to Buyer, shallterminate immediately and without further action by IA MACHINERY: Buyerfiles a petition in bankruptcy or is adjudicated a bankrupt, or a petition inbankruptcy is filed against Buyer; Buyer becomes insolvent or makes anassignment for the benefit of its creditors or makes an arrangement pursuant toany bankruptcy law; or Buyer discontinues its business or a receiver isappointed for it or its business.
14. Time ForBringing Action: Any action by Buyer for breach of any agreement of whichthese terms are a part shall be commenced, and IA MACHINERY must be served,within one (1) year after the cause of action has accrued.
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