Conditions of Sale

PAYMENT:
1/3 deposit due with the Purchase Order. Balance due prior to pick up. All quotations subject to prior sale.

30-DAY RETURN PRIVILEGE:
(Conforming to MDNA Code of Ethics.) There are no warranties express or implied, including warranties of merchantability and fitness for purpose, made by Seller in connection with this sale except as expressly set forth herein. Seller will accept within 30 days from shipment any machinery and equipment with a return privilege, freight prepaid for refund of the purchase price if proven mechanically unsatisfactory, or will repair same at Seller’s option. This does not apply to machines sold directly from auctions, private user’s plants, other non-MDNA Dealers inventories unless specifically arranged in writing, or re-negotiated sale at a lesser price.

PURCHASER’S DUTY:
Purchaser agrees upon receipt of machinery subject to this agreement that it will be purchaser’s duty to inspect all machinery on a continuing basis; to provide proper safety devices and equipment or means necessary to safeguard the operator from harm for any use or particular use, operation or set-up of such machinery; to adequately safeguard each piece of machinery or equipment; and, to meet all government safety standards which may be imposed from time to time, including, but not limited to, the 1970 Occupational Safety and Health Act (OSHA), as amended. Seller assumes no liability for consequential damages of any kind, and Purchaser, by acceptance of delivery, assumes all liability for the consequences of the use or misuse by anyone of machinery or equipment subject to this agreement.

QUOTATIONS AND ACCEPTANCES:
Quotations are for immediate acceptance, subject to prior sale or other disposition, and change without notice. Quotations and acceptances of orders are made with the mutual understanding that orders are not subject to cancellation. All statements, quotations, and agreements (including shipping date which is approximate) are made subject to and without liability on the part of Alma Machinery for any consequences arising from any and all causes arising beyond Alma Machinery’s control.

INDEMNIFICATION:
Purchaser agrees to indemnify, hold harmless, defend, and make whole seller from any and all liability, loss or damages which seller may suffer as a result of claims, demands, cost or judgments against seller arising out of any use whatsoever of the machinery and equipment sold pursuant to this agreement, which liability, loss or damages, claims, demands or judgments are based upon or result from any of the following: (1) the failure of purchaser, purchaser’s officers, agents, or employees to follow manufacturer instructions, warnings or recommendations; or (2) the failure of purchaser, purchaser’s officers, agents or employees to comply with federal, state or local laws or regulations applicable to the use of such machinery or equipment, including but not limited to, the 1970 Occupational Safety and Health Act (OSHA), as amended; or (3) any liability, loss or damages, claims, demands, costs or judgments based upon or resulting from any negligence or alleged negligence of seller or any of seller’s officers, agents, or employees in the sale of the equipment that is the subject of this agreement; or (4) any liability, loss or damages, claims, demands, costs or judgments based upon or resulting from any legal theory or strict liability or liability without fault applied to purchaser or to seller or to the original manufacturer of the subject machinery or equipment or to any party who sold such machinery or equipment to seller; or (5) any liability, loss or damages, claims, demands, cost or judgments based upon or resulting from any theory or breach or warranty of any kind.

CONSTRUCTION:
In the context of this transaction, in the event that this document is construed as an offer, no acceptance of such offer shall be effective which varies the terms thereof, or proposes additional terms. Any such proposals shall be deemed to be rejected unless expressly approved in writing by a duly authorized representative of Alma Machinery. In the event that this document is construed as an acceptance, such acceptance shall be conditioned upon assent by offeror to any terms hereof which are additional to and/or different from the terms set forth in the offer; in such event, unless the offeror notifies Alma Machinery in writing within 10 days from the date thereof of offeror’s objection to such additional and/or different terms, offeror will be deemed to have assented to such terms. Acceptance by the offeror of delivery of any machinery or equipment referred to herein without notice of objection as aforesaid will be deemed to constitute assent to such terms.

MERGER:
This document constitutes a final written expression of all the terms of this transaction and is a complete and exclusive statement of those terms. Any and all representations, promises, warranties or statements by agents of Alma Machinery that differ in any way from the terms of this document shall be given no force or effect. This agreement shall be construed in accordance with the laws of the State of Michigan.

NOTE
Machines that Alma Machinery offers for sale do not conform to OSHA, ANSI or any federal, state or local safety standards. It is the purchaser’s/user’s responsibility to provide all safety features/controls to conform with all applicable laws before machine(s) are put into operation. It is also assumed the customer has opted into receiving emails and from Alma Machinery or from a salesperson that represents Alma Machinery unless they have otherwise unsubscribed. You can unsubscribe through Constant Contact, sending an email with “Unsubscribe” in the subject of an email to the contact listed at the Ann Arbor location, or by simply calling our main office in Ann Arbor. We respect our customers and their privacy. If at anytime you feel like you would like to resubscribe to our marketing materials, please give us a call and ask to be put back on the list. Please write us a letter or fax us a letter if you would like to be removed from our catalog mailing list. If you would like to be put back on our mailing list you can do so by calling our main line, faxing us a letter asking to be put back on, or by writing a letter to any of our locations and you will be added back onto the list.

GUARANTEE
Alma Machinery wants you to be satisfied with your purchase. To that end, we guarantee your purchase as set forth in the 30-DAY RETURN PRIVILEGE contained in the Conditions of Sale reproduced above. It states that should you find your purchase of machinery and equipment from Alma Machinery mechanically unsatisfactory within 30 days of shipment then, at Alma Machinery’s option, either: 1) Alma Machinery will repair the machinery and equipment on site, or 2) you can return the machinery and equipment to Alma Machinery, freight prepaid, for a refund of the purchase price. This return privilege does not apply to machines sold directly from auctions, sold from private user’s plants, or sold from other non-MDNA Dealers’ inventories unless specifically arranged in writing. This return privilege does not apply if you have negotiated a lesser price for the sale of the machine unless specifically arranged in writing.