Thompson 24" Surface Grinder

Machine is disassembled and ready to be loaded on Purchaser's truck, FOB Hinckley, Ohio, USA.

PAYMENT TERMS: Purchaser must pay purchase price in full prior to shipment. Terms of payment are net cash in United States dollars, prior to shipment, to AMERICAN PROCESS EQUIPMENT CO., INC. place of business, unless otherwise specified on the accompanying "quote/invoice" form. Purchaser shall pay AMERICAN PROCESS EQUIPMENT CO., INC. a late penalty on all amounts over 30 days past due computed on an interest rate equal to 18% per annum. Purchaser shall also be liable for any and all costs and expenses incurred by AMERICAN PROCESS EQUIPMENT CO., INC. arising out of or in connection with efforts by AMERICAN PROCESS EQUIPMENT CO., INC. to collect any unpaid amounts hereunder including, without limitation, attorney or collection agency fees and expenses. Title to this equipment or merchandise shall not pass to Purchaser until payment of the purchase price is made in full. Prior to said payment, AMERICAN PROCESS EQUIPMENT CO., INC. shall retain title.

TAXES: Prices do not include any federal, state or local taxes, which are in addition to the purchase price and must be paid by Purchaser. Any and all foreign duties and taxes are the responsibility of Purchaser. Unless Purchaser furnishes AMERICAN PROCESS EQUIPMENT CO., INC. with a tax exemption certificate, any sales, use, excise or other similar tax, where applicable, shall also be the responsibility of Purchaser and may at the election of AMERICAN PROCESS EQUIPMENT CO., INC., be added to the quoted purchase price and invoiced by AMERICAN PROCESS EQUIPMENT CO., INC. to Purchaser. The failure of AMERICAN PROCESS EQUIPMENT CO., INC. to invoice such taxes does not excuse the Purchaser from responsibility for paying them. In the event that Purchaser either fails to pay the tax or other charges as agreed above or fails to provide a valid exemption certificate, Purchaser agrees to indemnify and hold AMERICAN PROCESS EQUIPMENT CO., INC. harmless from any liability and expense by reason of Purchaser's failure. Such indemnification shall include, but not be limited to, attorneys' fees and/or other legal expenses relating to such failure.

FREIGHT and INSURANCE: All freight and insurance charges are the responsibility of Purchaser unless otherwise agreed by AMERICAN PROCESS EQUIPMENT CO., INC. and Purchaser in writing.  Purchaser shall bear all risk of loss with respect to the equipment or merchandise sold hereunder. If an item is damaged during shipping, seller will not be held responsible.

Upon reasonable notice to AMERICAN PROCESS EQUIPMENT CO., INC., Purchaser shall have the right to inspect the merchandise and equipment at location during normal business hours prior to time of shipment. AMERICAN PROCESS EQUIPMENT CO., INC. STRONGLY RECOMMENDS THAT PURCHASER CONDUCT AN ON-SITE INSPECTION OF THE EQUIPMENT AND MERCHANDISE SOLD HEREUNDER. AMERICAN PROCESS EQUIPMENT CO., INC. SHALL NOT BE RESPONSIBLE FOR THE CONSEQUENCES OF PURCHASER'S FAILURE TO INSPECT THE EQUIPMENT OR MERCHANDISE OR FOR ANY INACCURACIES, INSUFFICIENCIES, OR OMISSIONS IN SUCH DESCRIPTIONS, SAMPLES, TOLERANCES AND/OR SPECIFICATIONS. The employees or representatives of AMERICAN PROCESS EQUIPMENT CO., INC. are not authorized to make any statement or representation as to the quality, character, size, condition, quantity, etc. of the equipment and merchandise offered for sale inconsistent with these Terms and Conditions. Any such statements made will not be binding on AMERICAN PROCESS EQUIPMENT CO., INC. or be grounds for any subsequent claim.

RETURN/ REPAIR PRIVILEGE: Every used machine offered (unless sold on an “as is” basis or brokered) bears a thirty day return privilege.  In the event it is found unsatisfactory functionally in any respect, it may be returned within thirty days of shipment, freight prepaid, provided it is in the same condition as when shipped from AMERICAN PROCESS EQUIPMENT CO., INC., or repaired at the seller’s sole discretion.  All new machines that have been manufactured by others that have warranties, expressed or implied, are hereby expressly limited to the warranty of the original manufacturer of the goods.  All implied warranties of merchantability and fitness for a particular purpose are hereby disclaimed and excluded from this agreement. Care is taken to give reliable descriptions but these are not guaranteed and prospective purchasers are advised to check vital details.  We also reserve the right to correct any stenographic errors.  All specifications and descriptions of said goods are approximate only.  Seller makes no representation or warranty that said goods conform to any specification, description and condition or performance, it is the buyer’s responsibility to inspect the goods and ascertain if the specifications, description, and condition of the goods conform to the buyer’s requirements.  Any warranty concerning said goods made by a third party is enforceable only against the third party and not the seller.

NO WARRANTY: The equipment or merchandise sold by AMERICAN PROCESS EQUIPMENT CO., INC. hereunder is sold "AS IS, WHERE IS" and without warranty. AMERICAN PROCESS EQUIPMENT CO., INC. NEITHER MAKES NOR ASSUMES ANY LIABILITY UNDER ANY WARRANTY, WHETHER CONTRACTUAL, STATUTORY, BY OPERATION OF LAW OR OTHERWISE. THE WARRANTIES DISCLAIMED HEREUNDER INCLUDE, BUT ARE NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AMERICAN PROCESS EQUIPMENT CO., INC. does not warrant that the merchandise and goods will not infringe any patent, trademark or other rights of a third party, or that such equipment or merchandise conforms to any plans or specifications of Purchaser or others, or meets any requirements of any federal, state, or local laws, regulations or ordinances, pertaining to safety or insurance requirements. No salesman or other representative of AMERICAN PROCESS EQUIPMENT CO., INC. has authority to make any warranties. It is Purchaser's responsibility to inspect the goods and to ascertain if the specifications, tolerances, descriptions and condition of the goods conform to the Purchaser's requirements. Any warranty concerning said goods made by any third party is enforceable only against the third party and not against AMERICAN PROCESS EQUIPMENT CO., INC.

HAZARDOUS MATERIALS: Purchaser understands that the equipment or merchandise sold hereunder may have been used by persons other than AMERICAN PROCESS EQUIPMENT CO., INC.. Purchaser is warned and acknowledges that such equipment or merchandise may bear or contain hazardous chemicals or other hazardous materials which may be or may become, by chemical reaction or otherwise, directly or indirectly hazardous to life, to health, or to property (by reason of toxicity, flammability, explosiveness or for other similar or different reasons during use, handling, cleaning, reconditioning, disposal or at any other time after the article leaves the possession and control of AMERICAN PROCESS EQUIPMENT CO., INC.). Purchaser does hereby discharge AMERICAN PROCESS EQUIPMENT CO., INC. from any and all liability directly or indirectly resulting from the presence of the aforesaid chemicals or materials, including and not limited to any and all liability directly or indirectly resulting from the failure of AMERICAN PROCESS EQUIPMENT CO., INC. to give more specific warning with respect to individual articles or substances or from the inadequacy of any warning.

DESIGN: AMERICAN PROCESS EQUIPMENT CO., INC. is not responsible for the design, specification, tolerances or engineering of the Products and will not, under any circumstances, provide any warranty indemnification or other liability or obligation with respect to Products to the extent related to or arising out of the design, specification, tolerances or engineering of such Products. Suggestions by AMERICAN PROCESS EQUIPMENT CO., INC. regarding the design, specification, tolerances, use or suitability of the Products are made in good faith but are not binding upon any party and do not give rise to any liability by AMERICAN PROCESS EQUIPMENT CO., INC..

MODIFICATIONS/ SEVERABILITY: Purchaser acknowledges that these are the only Terms and Conditions of sale, and is intended by the parties as a complete and exclusive statement of the terms of their agreement. This supersedes all prior agreements, written or oral. Any variation from the terms hereof contained in the Purchaser's acceptance is hereby rejected. The agreement of which these terms are a part can be modified or rescinded only in writing signed by AMERICAN PROCESS EQUIPMENT CO., INC. If any provision of the invoice or these Terms and Conditions is determined illegal or unenforceable, it shall not affect the enforceability of any other provision or paragraph of the invoice or these Terms and Conditions.

 

LIMITATION OF REMEDIES: No claim arising out of or relating to this agreement shall be greater in amount than the purchase price of the merchandise or equipment in respect of which such damages are claimed. Failure to give notice of claim within thirty (30) days from the date of delivery or the date fixed for delivery (in the event of non-delivery) shall constitute a waiver by Purchaser of all claims in respect of such merchandise. The remedy hereby provided shall be the exclusive and sole remedy of Purchaser and any right to consequential and incidental damages is excluded.