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: Minimum one-third (1/3) deposit with order. Balance due upon notice from Seller that machine is ready for shipping. Failure to make final payment within 10 days of said notice shall result in forfeiture of any funds received.


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 and / or individuals must complete and submit, with the Purchase Order, Form ADOR 5000 to be eligible for waiver of such tax(s).


3. 30 DAY RETURN PRIVILEGE: Unless otherwise stated in this proposal or quotation, all machines and / or equipment offered from Seller's inventory is guaranteed to be mechanically satisfactory to the purchaser or returnable in the same condition as shipped, within 30 days, for a complete refund, less any pre-paid or freight collect charges.


4. WARRANTY DISCLAIMER: Unless otherwise stated in this proposal or quotation, the machines and / or equipment described herein are pre-owned (used), either in their entirety or partially, and were not originally designed nor manufactured by the Seller, and as such are offered "as is". Seller makes no warranties as to merchantability, performance, or fitness for a particular purpose. All specifications and descriptions of the machinery and / or equipment are approximate only and it is therefore the Buyer's responsibility to inspect the machinery and / or equipment and to ascertain if the specifications, descriptions, and condition of machinery and / or equipment conform to the Buyer's requirements. Any warranty concerning the machinery and / or equipment made by any third party is enforceable only against the third party and not the Seller.


5. CLAIMS: Any and all claims related to the purchased machinery and / or equipment must be made in writing immediately upon receipt. No credit will be allowed on machinery and / or equipment returned without our permission. It is expressly agreed that Buyer's sole and exclusive remedy for any claims against the Seller arising under this agreement shall be limited to repayment of the purchase price, or to repair or replacement of the machinery/equipment, at the Seller's option. In no event shall the Seller be responsible for special or consequential damages.


6. QUOTATIONS AND ACCEPTANCES: Terms and conditions of this proposal or quotation shall be accepted by the Buyer upon the issuance of a purchase order or document confirming the Buyer's intention to purchase. By the issuance of such document, the Buyer assents completely and exclusively to the terms and conditions herein. All proposals, quotations, and acceptances 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 PLACEMENT, SET-UP, USE, AND SAFETY: Buyer acknowledges that, unless otherwise stated in this proposal or quotation, the machines and/or equipment described herein are pre-owned (used), either in their entirety or partially, and were not originally designed nor manufactured by the Seller, nor does the Seller have any control over the placement, set-up, use, misuse, or future application of the machines and/or equipment. It is completely the Buyer's responsibility to:


  • Provide proper safety devices and equipment to safeguard the operator and others from harm related to the placement, set-up, and / or operation of the machinery and / or equipment.


  • Train and supervise all operators and personel in the safe and correct placement, set-up, and use of the machinery and/or equipment along with safety devices and equipment pertaining thereto.


  • Adequately safeguard the machinery and/or equipment to conform to all federal, state, and local governmental safety standards, as well as all industry safety standards.


8. INSPECTION: Buyer shall have the right to inspect the machinery and/or equipment at the place of shipment prior to time of shipment.


9. TITLE: Title to the machinery and/or equipment shall only pass to the Buyer upon payment of the entire purchase price.


10. WAIVER-INDEMNIFICATION: Buyer hereby:


  • 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 of 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 purchased machinery and / or equipment, including, but not limited to, any claimed improper design, specifications, or manufacturing defect of the machinery and / or equipment purchased hereunder.


  • Agrees to indemnify and hold harmless Seller, its agents, and employees 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, by reason of any injury to, or death of, any persons, or damage to any property, arising out of any condition, defect, or inadequate or insufficient safeguards, safety devices, labels and / or warnings pertaining to the machinery and/or equipment purchased hereunder. 


11. ENTIRE AGREEMENT: These terms and conditions together with the provisions contained in the accompanying documents 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 of the Seller and Buyer. 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 Buyer's purchase order or other documents which attempt to impose conditions at variance with Seller's terms and conditions of sale as set forth herein. Seller objects to provisions contained in Buyer's purchase order or other documents which are different or are in addition to the terms herein. Buyer's purchase order is accepted expressly conditionally on Buyer's assent to the terms and conditions herein as being the complete and exclusive statement of the terms of this agreement, which assent shall be manifested by Buyer receiving, accepting, and / or retaining possession of the machinery and/or equipment described herein.


12. PRIOR SALE: All machinery is subject to prior sale.