TERMS AND CONDITIONS OF SALE OF AMERICAN MACHINE TOOLS COMPANY:
from AMERICAN MACHINE TOOLS INC, aka AMERICAN MACHINE TOOLS COMPANY, aka
AMERICAN MACHINE TOOLS CORP, including customer's/distributor's purchase
orders, and acknowledgments of customer's/distributor's purchase orders
by AMERICAN MACHINE TOOLS CORP are made subject to written acceptance
and acknowledgement delivered by AMERICAN MACHINE TOOLS CORP, and are
made subject to the following Terms and Conditions of Sale:
1. LIABILITY is strictly limited to those warranties of fitness for purpose and safety as provided by the manufacturer of the machinery sold.
2. SAFETY IS THE BUYERS RESPONSIBILITY! SAFETY PRECAUTIONS: Metalworking machines can be very dangerous, which means they may cause injury or death if used carelessly or incorrectly. Buyer shall require employees to use all safety devices, guards and proper safe operating procedures as set forth in manuals and instruction sheets furnished by AMERICAN MACHINE TOOLS CORP. Buyer shall not remove or modify any such device, guard or sign. It is Buyer's responsibility to provide all the means that may be necessary to effectively protect all their employees from serious bodily injury which otherwise may result from the method of particular use, operation, set-up or service of the equipment. It is Buyer's responsibility to provide proper training to each employee using the machine or to use only employees that are sufficiently experienced in the use of such machine. It is the responsibility of Buyer to comply with any and all national and local codes including OSHA. Click to read more safety information from our Machinery Safety webpage. If Buyer fails to comply with such provisions of this paragraph or the applicable standards or regulations aforementioned, Buyer shall indemnify and save AMERICAN MACHINE TOOLS CORP harmless from and against any and all claims, losses or damages arising therefrom.
3. SALE PRICES: Unless otherwise noted, all prices quoted are subject to change without notice. All prices are F.O.B. (Freight loaded On Board a truck) at the stocking warehouse or factory located in the USA or Canada, unless otherwise stated. All quotations expire 30 days from date shown on quotation unless otherwise stated.
4. TAXES: Prices do not include sales, use, excise, property or similar taxes arising out of or relating to the sale or use of the equipment. Buyer shall indemnify and hold AMERICAN MACHINE TOOLS CORP free and harmless from and against the imposition and payment of such taxes, whether or not they are stated in any invoice for equipment shipped. AMERICAN MACHINE TOOLS CORP, at its option, may at any time, separately bill Buyer for any taxes not included in AMERICAN MACHINE TOOLS CORP'S invoice and Buyer shall pay said taxes, or in lieu thereof, shall provide AMERICAN MACHINE TOOLS CORP with a tax exemption certificate acceptable to the taxing authorities. Currently, American Machine Tools Company is not authorized to collect sales tax from customers located outside the state of Illinois. Also, many customers inside the state of Illinois are exempt from sales tax if the machine is to be used to manufacture products that are for resale. A tax exemption form must be signed and faxed back to us for this exemption.
5. PAYMENT TERMS: Payment is expected at time of order by check, credit card, or bank wire transfer. For machines on back order, a 25% deposit is normally required with the order, with the balance due prior to shipping the machine. Other payment terms such as Net 30 days may be made available on a case by case basis to credit worthy government entities, most schools, and large corporations. Any such other payment schedule must be confirmed in writing before the machine can be delivered and are subject to interest charges of 1.5% per month when past due over 90 days. The customer agrees to offer normal assistance and financial information required to obtain appropriate financing for the machine. AMERICAN MACHINE TOOLS CORP reserves the right to cancel and to refuse to complete Buyer's purchases if, in AMERICAN MACHINE TOOLS CORP'S opinion, Buyer has not established credit to promptly meet the payment terms of the order. Every customer who receives Net 30 Days terms agrees that if they do not fully pay for a machine within 90 days of invoice date, AMERICAN MACHINE TOOLS CORP, or it's representatives have the right to enter the Buyer's premises to remove and repossess the machine.
6. DELIVERY: AMERICAN MACHINE TOOLS CORP shall exert its best efforts to cause the equipment to be shipped and delivered in accordance with the terms and provisions of the sales contract. However, all delivery dates stated by AMERICAN MACHINE TOOLS CORP are approximate dates only, and are estimated in good faith to the best of AMERICAN MACHINE TOOLS CORP'S ability, commensurate with foreseeable scheduling. AMERICAN MACHINE TOOLS CORP will not assume any liability for any loss or damage whatsoever, including loss of income and/or profits, incidental, special or consequential damages resulting from AMERICAN MACHINE TOOLS CORP'S delayed performance in shipment and delivery of the equipment for any reason whatsoever. Any claims for shortages or claims that the equipment delivered is other than that which was ordered or claims for damages prior to delivery to Buyer or Buyer's agent must be made in writing to AMERICAN MACHINE TOOLS CORP within three (3) business days after the arrival of the equipment at Buyer's plant or place of business.
7. RISK OF LOSS: Upon delivery by AMERICAN MACHINE TOOLS CORP to a carrier for shipment of equipment to Buyer, risk of loss shall pass to Buyer. Thereafter, the carrier shall be deemed to be acting for and on behalf of Buyer and the terms of payment for the equipment shall not be affected by shipping damage to the equipment sold. If the machine arrives with shipping damage, it is the Buyers responsibility to either reject the machine or write down the shipping damage on the Bill Of Lading before accepting the machine. If you do not follow these instructions, we cannot help you with a shipping damage claim.
8. CANCELLATIONS: Orders which have been shipped are not subject to cancellations. Orders which have not been shipped may be canceled in writing by Buyer to AMERICAN MACHINE TOOLS CORP within five (5) days of the date of the purchase order. Orders which are canceled more than five (5) days after the date of the purchase order will normally be subject to a cancellation charge equal to five percent (5%) of the purchase order price of the machine, accessories or combination thereof. This is to compensate for the expenses related to processing your order. If any modification of a machine has occurred as directed by you or your purchase order, such as installing a digital readout or table power feed, then the cancellation charge shall be equal to ten percent (10%) of the total purchase order value in order to compensate us for the difficulty in finding a buyer for a modified machine.
Please do not purchase equipment if you are not sure about it or have
reason to believe you may want to return it.
10. RESTOCKING FEE: Please do not purchase equipment if you are not sure about it or have reason to believe you may want to return it. If Buyer chooses to return a machine for any reason, it will be subject to a minimum 25% restocking fee (30% for Baileigh and JET machines) if it has not been used. This money is collected by American Machine Tools Company. If the machine has been used it is not returnable unless it is clearly defective and attempts to repair it with replacement parts and tech support from American Machine Tools Company or it's manufacturer's representatives, were not sucessful. No returns accepted after 30 days from original ship date of the machine. The expense of shipping the machine to and from the Buyer is the responsibility of the Buyer.
11. SECURITY INTEREST: Until the machine has been paid for, Buyer hereby grants to AMERICAN MACHINE TOOLS CORP and AMERICAN MACHINE TOOLS CORP hereby retains a continuing purchase money security interest in all of the equipment sold and delivered by AMERICAN MACHINE TOOLS CORP to Buyer, whether presently in the possession of Buyer or hereafter acquired, and all spare parts and components therefore, together with any and all proceeds of sale or other disposition of the equipment, including, but not limited to, cash, accounts, contract rights, and chattel paper. Buyer shall join with AMERICAN MACHINE TOOLS CORP in executing one or more financing statements pursuant to the Uniform Commercial Code in force in buyer's state of business in a form satisfactory to AMERICAN MACHINE TOOLS CORP to evidence AMERICAN MACHINE TOOLS CORP'S security interest in the equipment. Buyer shall keep the equipment free from any adverse lien, security interest or encumbrance and will not store the equipment or any part thereof or use the equipment in violation of any statute or ordinance. In the event Buyer shall be in default under the contract, AMERICAN MACHINE TOOLS CORP shall have the remedies of a secured party under the Uniform Commercial Code. AMERICAN MACHINE TOOLS CORP may enter the Buyer's premises and remove the equipment. Buyer agrees to pay AMERICAN MACHINE TOOLS CORP'S reasonable attorney's fees and court costs for the collection of any amounts owing to AMERICAN MACHINE TOOLS CORP hereunder or incurred in the repossession of the equipment.
12. CONFIDENTIALITY: All drawings, designs, specifications, manuals, programs and prices furnished to Buyer by AMERICAN MACHINE TOOLS CORP shall remain the confidential and proprietary property of AMERICAN MACHINE TOOLS CORP. All such information, except as may be found in the public domain, shall be held in strict confidence by Buyer and shall not be disclosed by Buyer to any third parties. Copyright in all material made available by AMERICAN MACHINE TOOLS CORP shall remain in AMERICAN MACHINE TOOLS CORP at all times. Effective August 1, 2001.
13. TIME STUDY: All time study figures are estimates only and are based on AMERICAN MACHINE TOOLS CORP'S understanding of information provided by the manufacturer and may vary depending upon the material used, working conditions, and operator's skill.
14. DESCRIPTIONS OF EQUIPMENT: All weights and measurements given are estimates, stated as correctly as possible, and any minor deviations shall not invalidate a purchase order. Brochures, photographs and other illustration representing the equipment offered are not binding in detail, as improvements are constantly being made in design. Brochures are subject to change without notice. All supplier's machinery specifications may change without notice.
15. LIMITATION OF WARRANTY: It is understood that AMERICAN MACHINE TOOLS CORP is an independent distributor and not the manufacturer of most of the equipment it sells. That other than our Q175, Q150, Q100 and Q88 Portable Line Boring Equipment, all warranties offered are those of the manufacturers of the equipment and not AMERICAN MACHINE TOOLS CORP. AMERICAN MACHINE TOOLS CORP assigns to Buyer, all warranties, if any, received by it from the manufacturer. Unless otherwise specified, our standard manufacturer's warranty is: Defective parts replaced for one year from delivery date, labor not included. AMERICAN MACHINE TOOLS CORP has no obligation or liability arising from the manufacturer's warranty. That third party dealers are not agents of AMERICAN MACHINE TOOLS CORP and AMERICAN MACHINE TOOLS CORP has no obligation or liability arising from any warranty made by said third party dealer. Buyer further represents and acknowledges that AMERICAN MACHINE TOOLS CORP has not made any representations or warranties, direct or indirect, express or implied as to any manner whatsoever, including without limitation, the design or condition of any item of equipment, its merchantability or its liability or its fitness for any particular purpose, the quality of the material or workmanship of any item of equipment, improper delivery, delay in delivery or conformity of any item of equipment to the provisions and specifications of any purchase or orders relating thereto, nor shall AMERICAN MACHINE TOOLS CORP be liable for incidental or consequential damages (Including strict liability in tort). AMERICAN MACHINE TOOLS CORP shall not be liable to Buyer, or anyother party, for any loss, damage, injury or expense of any kind or nature caused directly or indirectly by the equipment or the failure of the equipment to operate properly. AMERICAN MACHINE TOOLS CORP and manufacturer shall be entirely free from liabilities or responsibilities of any problem due to patent infringements, trademark, design registered, marking or stamp or otherwise on the goods supplied in accordance with Buyer's instruction. Buyer hereby agrees to assume whole responsibility to pay royalty or expenses if any for any dispute resulting from such use. AMERICAN MACHINE TOOLS CORP gives no warranty, express or implied, as to the quality, finish, accuracy or tolerance, compliance with electrical, hydraulic, pneumatic or other safety codes required by any governmental or quasi-governmental body; efficiency, productivity, performance, merchantability, conditions of the merchandise being suitable for any particular use intended purpose or otherwise. It is also understood that the Buyer has the responsibility to discuss and work with the technical support provided by the manufacturer to resolve small problems that can usually be solved via telephone assistance and whatever repalcement deemed necessary.
16. FORCE MAJEURE: AMERICAN MACHINE TOOLS CORP shall not be responsible for nonperformance or late performance of any part of the contract due to shipping delays, regulations, and/or ordinances by government, act of god, war, blockade, insurrection, mobilization or due to any other causes or circumstances beyond seller's control. All contracts are subject to export permit by the Government of the country machine originated.
17. ASSIGNMENT: This agreement may not be assigned without the express written consent of the parties hereto. Any attempted assignment of rights or delegation of duties shall be void.
18. GOVERNING LAW; JURISDICTION; DISPUTE RESOLUTION: This agreement shall be construed in accordance with the laws of the State of Illinois, USA. The provisions of this agreement are divisible and the invalidity or unenforceablitiy of any provision or provisions contained herein shall not in any way affect the validity of this agreement without the invalid or unenforceable provision or provisions. Your purchase from AMERICAN MACHINE TOOLS CORP shall be governed by the laws of the State of Illinois and BUYER agrees it is subject to any court of competent jurisdiction located in Illinois, which state shall be the exclusive venue for adjudicating disputes arising out of your purchase. In any such litigation or arbitration, the prevailing party shall have its reasonable attorney fees and expert fees and other expenses incident to such adjudicatory proceeding paid for by the non-prevailing party In no event shall either of the PARTIES be liable hereunder for any consequential, indirect or special damages..
19. MERGER CLAUSES: The entire contract is embodied in this writing. There are no understandings, agreements, representations, or warranties, either oral or written, relative to the products, including statements made in or conduct implied from past dealings, that are not fully expressed herein. No statement subsequent to the acceptance of the purchase order purporting to modify the said terms and conditions shall be binding unless consented to in writing by a duly authorized officer of AMERICAN MACHINE TOOLS CORP in a document making specific reference to this transaction. Effective July 31, 2001.
20. USE OF INFORMATION: The information you provide to American Machine Tools Company will be used to provide you with information and prices of machines you express interest in, along with further information about our company, our services and the machines we offer. You may receive an occasional email or catalog or other promotional information or literature from our company. You may opt out of receiving future info by contacting us via mail or email to request that the contact info you provided us be removed from our list.
21. WEAPONS OF MASS DESTRUCTION: American Machine Tools Company does not agree to sell machines to anyone or any company or any government planning to use the machine to manufacture weapons of mass destruction.
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