TERMS AND CONDITION OF SALE - The terms and conditions of Sales set forth herein confirm the offer of BTL ENTERPRISES CO. (“Seller”) to sell and shall constitute the complete and exclusive statement of the agreement between the Buyer and the Seller which shall not be supplemented varied or amended except as set forth in the provisions on quotation (which shall govern where inconsistent with these Terms and Conditions) or by a separate written agreement signed by both parties. If this document shall be deemed an acceptance of a prior offer by Buyer, such acceptance is expressly conditional on buyer’s assent to any additional or different terms contained herein
- Prices are stated in US Dollars, and do not include any federal, state, or local taxes, which are in addition to the purchase price and must be paid for by the Buyer. Any and all foreign duties and taxes are the responsibility of the Buyer.
- All freight charges are the responsibility of the Buyer. Unless otherwise stated on quotation, the purchase price is FOB location
- The Buyer shall have the right to inspect the equipment at its location prior to shipment during normal business hours.
- THE EQUIPMENT SOLD BY SELLER HEREUNDER IS SOLD AS IS AND WITHOUT WARRANTY. SELLER NEITHER MAKES NOR ASSUMES ANY LIABILITY UNDER ANY WARRANTIES. WETHER STATUTORY, BY OPERATION OF LAW OR OTHERWISE INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
- It is the Buyer’s responsibility to insure that this equipment is installed and operated in a proper and safe manner. Buyer also acknowledges that it might have to install or change guards, safeties, warnings or other components to insure that the machine will conform to all laws, regulations, ordinances, codes, insurance requirements and industry standards. Buyer agrees to defend, identify and hold BTL ENTERPRISES, harmless from and against all suits, claims, costs and expenses from personal injury, property damage or death, arising from the purchase, ownership or use by the Buyer’s agent, employees or independent contractors of this equipment.
- BTL ENTERPRISES shall not be liable for its failure to perform hereunder due to any contingency beyond its reasonable control, including acts of GOD, fire, floods, wars, sabotage, accidents, labor disputes or shortages, government laws, regulations, ordinances or codes, inability to obtain material, material equipment or transportation, and any similar or different contingencies.
- Buyer acknowledges that these are only terms and conditions of sale and that they can be changed in writing by an officer of BTL ENTERPRISES.
- The total liability of Seller on any claim whatsoever, whether in contract, tort (including negligence) or otherwise, arising out of, connected with, or resulting from the manufacture, sale, delivery, resale, repair, replacement or use Equipment will not exceed the price of the Equipment. IN NO EVENT, WHETHER AS A RESULT OF BREACH OF CONTRACT OR WARRANTY OR TORT (INCLUDING NEGLIGENCE) WILL SELLER BE LIABLE FOR ANY INCIDENTAL OR CONSQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO, DAMAEGS FOR LOSS OF REVENUE. COST OF CAPITAL, CLAIMS OF CUSTOMERS FOR SERVICE INTERRUPTIONS OR FAILURE OF SUPPLY, AND COSTS AND EXPENSES, INCURRED IN CONNECTION WITH LABOR, OVERHEAD, TRANSPORTATION, INSTALLATION OR REMOVAL OF PRODUCTS OR SUBSTITUTE FACILITIES OR SUPPLY SOURCES.
- These terms and conditions of sale and any agreement of which they are apart, shall be construed in accordance with the laws of the State of California.
- Quotations are made for immediate acceptance and are subject to withdrawl, change and prior sale without notice.
- Unless otherwise shown on quotation, crating is available at cost.
- TERMS, unless otherwise shown on quotation, are PAYMENT IN FULL PRIOR TO SHIPMENT.
- Machine specifications are correct to the best of our knowledge and are obtained from sources deemed reliable, however, it is for the reason you should make your inspection prior to sale: to confirm accuracy.
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