| |
INSTALLATION: Buyer shall be responsible for riggers or have the
capability to receive the machine from seller. Buyer shall be responsible
for installation of machine. Buyer shall furnish a suitable foundation
upon which to install the Machine and shall further provide all necessary
wiring and other equipment. Failure to have machine anchored in floor
before production begins, automatically VOIDS this warranty. Should
buyer request seller to provide technical support on site, Buyer shall
be responsible for all wages and any other costs incurred by sellers
technicians. Travel & living expenses while Machine is being installed.
WARRANTY & LIMITATIONS THEREOF: Seller warrants the Machine
to be free from defects in materials, workmanship, and design under
normal use and service, and agrees to furnish and install free of
charge within 24 hours of the original phone call to Hines Bending
any part or parts necessary to make good any defects directly traceable
to a fault in material or workmanship subject to normal use. Seller's
obligations under this warranty are limited to claim (s) for any
such defect made within writing within one year of installation
of the Machine. Normal wear parts and/or disposable items, including
but not limited to, light bulbs, fuses, and oil, are not covered
by this warranty. Subject to normal machine use seals are covered
by a 90-day warranty. This warranty shall apply only in the event
the Machine has been properly installed and operated, and shall
not apply in the event the Machine has been subject to misuse, negligence,
or accident, or operated under conditions more severe than, or otherwise
exceeding, those set forth in the specifications of the Machine.
THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES,
WHETHER WRITTEN, ORAL, OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR USE.
LIMITATIONS OF REMEDY: Seller shall not, under any circumstances
whatsoever, be liable to buyer or any other party for lost or anticipated
profits, diminution of goodwill, loss of use or any other special,
incidental or consequential damages whatsoever with respect to any
transaction or as to any claim against it in connection with the
Sales Agreement or the Machine. In addition, Seller's liability
for claims shall not, in any event, exceed the price of the Machine,
nor shall Seller be liable for delays in replacement or repairs
of the Machine.
LATE CHARGES: In the event that the total price is not paid when
due, buyer agrees to pay a late payment charge equal to one-and-one
half per cent (1.5%) per month of the delinquent balance until payment
is made in full. Buyer further agrees to pay all reasonable costs
of collection caused by the failure to pay amounts due, including
reasonable attorney's fees. Seller shall have the right to suspend
all Warranty work or Service if the total price is not paid when
due.
FORCE MAJEURE: Seller shall not be liable for failure to deliver
or any delay in delivery resulting from Acts of God, fire, war,
floods, sabotage, accidents, labor disputes, shortages, interruptions
or
shortage of transportation delays by carriers or suppliers, governmental
acts or regulations, or any causes beyond Seller's control. If
Seller, in its sole judgment, shall be prevented directly or indirectly
on account of any of the specified causes from delivering the
Machine
at the time required by this sales agreement, Seller shall have
the right to terminate this Agreement by notice in writing to
the Buyer, which notice shall be accompanied by a full refund of
all
sums paid by Buyer pursuant to the Agreement.
SECURITY INTEREST: It is understood and agreed upon that this Sales
Agreement states the entire agreement between parties, and it supersedes
any prior or contemporaneous agreements or representations of the
parties.
CONSENT TO JURISDICTION: Seller and Buyer agree that nay claim
or controversy involving the subject matter or enforcement of this
Sales Agreement may be litigated in the federal or state courts
located in Cook County, Illinois, and Seller and Buyer hereby submit
to the jurisdiction of such courts.
SEVERABILITY: The failure of either party to enforce any of its
rights hereunder shall not constitute a waiver of such rights, or
of any other rights hereunder. Buyer's failure in any instance to
insist upon performance of nay such terms or conditions of this
order, or to exercise any right or privilege hereunder, shall not
be construed as a waiver of any terms, conditions, rights or privileges
granted the Buyer herein. No remedy provided herein shall be deemed
exclusive of any other remedy allowed by law.
*TERMS: 30% Deposit with Purchase Order for Machine & Tooling.
Balance of Both Machine & Tooling will be due upon arrival of
the Machine. (Note) Tooling may arrive after machine-USA only. Machine & Tooling
shipping outside the States require prepayment by wire transfer
before shipment.
* Lease Terms: 5% With Purchase order & Copy of Written Approval
from Lender. Balance on Delivery. |