Conditions of Sale

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


  • RETURN PRIVILEGE: In accordance with the MDNA Code of Ethics, Alma Machinery offers a 30-Day Return Privilege as the exclusive remedy available to buyers. If items are returned within 30 days of shipment, freight prepaid by the buyer, and without any damage or alterations, the full purchase price will be refunded. If the item has been damaged or altered, its value will be determined by Alma Machinery.
  • WARRANTY DISCLAIMER: Alma Machinery provides no warranties for any items, whether used or new, unless explicitly sold through authorized channels like Komatsu America Industries LLC. NO IMPLIED WARRANTIES and NO EXPRESS WARRANTIES: This includes the disclaimers of all implied warranties, including but not limited to warranties of merchantability and fitness for a particular purpose. The items are sold “as-is,” which means that Alma Machinery makes no promises regarding the condition, functionality, or suitability of the items for specific purposes.
  • EXCLUSIVE AGREEMENT: The terms set forth in the Alma Machinery invoice (the master sales agreement) override any other agreements unless a modification is explicitly agreed upon in writing by an authorized Alma Machinery representative.
  • SCOPE OF RETURN POLICY: If a return policy is detailed in the Alma Machinery invoice, the buyer must adhere to the specified period for returns (default is 30 days from the date of shipment). This return privilege does not apply to items sold from locations not directly controlled by Alma Machinery, such as non-Alma Machinery properties, private users’ buildings, or inventories from non-MDNA Dealers, unless such terms are specifically agreed upon in writing. Items purchased under conditions such as “as-is,” “as-is under power,” or at a re-negotiated sale price are excluded from this return privilege unless explicitly included in the Alma Machinery invoice. There are no exceptions to the time period noted in the sales agreement.

When an Alma Machinery representative states that an item is “guaranteed,” it refers specifically to our return policy. This means that Alma Machinery guarantees the eligibility of the item for return under the conditions specified in our 30-Day Return Privilege. It does not imply a guarantee that the item is fully functional, rebuilt, or suitable for a specific function. The guarantee ensures that the buyer may return the item within 30 days of shipment if it does not meet their expectations, subject to the terms outlined in our sales agreement.

When an Alma Machinery employee states that an item has been “rebuilt”, this indicates that the item has undergone a thorough inspection and was found to require repairs of some kind. The rebuilding process involves reconstructing the item with a combination of repaired, used, or new parts. The aim is to restore the item’s functionality to the best possible condition given the circumstances and available resources.

It is important for buyers to understand that “rebuilt” does not imply that every component of the item has been remanufactured, replaced, or updated. The term “rebuilt” refers to improvements made to the item’s previous state, not a restoration to brand new condition. While the functionality and condition of the item are enhanced, there is no guarantee that it will operate like a new item. The rebuilding effort reflects the best attempt by Alma Machinery or an approved service provider to enhance the item’s performance and reliability based on existing conditions and available parts.

All machinery and items sold by Alma Machinery, categorized under conditions such as “reconditioned,” “very good,” “excellent,” “like new,” “good,” or “as-is under power,” are considered as-is transactions, as detailed in Section 3.4 of the SEC Equipment Purchase and Sale Agreement. This includes items that have been reconditioned—a process by Alma Machinery to enhance the initial as-is condition. Even after reconditioning, the sale remains an as-is transaction.

Buyers are strongly encouraged to inspect the item thoroughly before, during, and after the reconditioning process to verify satisfaction with the item’s condition. Alma Machinery offers several inspection options: in person at the facility where the item is, via video demonstration, or through a report or statement provided by the seller. When a buyer approves the item for shipment, the buyer confirms the final as-is condition as acceptable. This approval for shipment, signifies the buyer’s acceptance of the item in its current condition and waives any future claims regarding the item’s state or functionality.

The Purchaser agrees, upon receipt of any item or machine subject to this agreement, to perform continuous inspections of all items and machinery. It is the Purchaser’s responsibility to provide appropriate safety devices and equipment, and to ensure the safe operation and setup of the machinery or item, in order to safeguard operators from harm. The Purchaser must also comply with all applicable government safety standards, including, but not limited to, those mandated by the Occupational Safety and Health Act of 1970 (OSHA), as amended.

Alma Machinery expressly disclaims liability for any consequential damages arising from the Purchaser’s use, misuse, or inability to use the machinery or item, regardless of whether such damages result from the breach of this agreement by Alma Machinery. By accepting delivery, the Purchaser acknowledges and accepts full liability for any consequences that result from the use or misuse of the machinery, equipment, or items, even if Alma Machinery has breached any terms of this agreement. This limitation applies to all forms of consequential damages, including but not limited to, loss of profit, revenue, or data, or damages for business interruption.

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.

Alma Machinery’s Conditions of Sale are presented to all potential buyers during the online quote request process. This presentation forms a “clickwrap” agreement, where potential buyers must actively click an “I Accept” button to agree to the terms before proceeding with the online quote request. Clickwrap agreements are legally binding as users have the opportunity to read the terms and must actively consent by clicking to signify their agreement.

However, obtaining a quote from Alma Machinery can also be conducted through alternative methods including telephone, written correspondence, fax, or in-person visits. In these instances, acceptance of the Conditions of Sale prior to receiving a quote is not required. Regardless of the method used to request a quote, formal acceptance of our Conditions of Sale is mandatory and is acknowledged through the buyer’s first payment post-invoice. This payment signifies the buyer’s agreement to abide by the Conditions of Sale as detailed in the Alma Machinery invoice.

Should a potential buyer accept the Conditions of Sale through our website at any time before finalizing the sales agreement, it will be considered that the buyer, and by extension any representative of the buyer’s company or buying group, has agreed to these conditions, unless stipulated otherwise in the Alma Machinery invoice. Alma Machinery is not responsible for ensuring that every member of a buying group or company has individually acknowledged these Conditions of Sale. Acceptance by any single representative will be deemed as acceptance by the entire group or company.

Alma Machinery’s Conditions of Sale as presented on our website serve as the default terms of any transaction. However, it is important for buyers to recognize that specific terms stated on an invoice may differ from those listed in the default Conditions of Sale. These differing terms on the invoice should not be viewed as conflicting; rather, they are to be understood as amendments as an addition to the default Conditions of Sale (this document).

Both the Conditions of Sale and any customized terms noted on the invoice are binding and together constitute the full agreement between the buyer and Alma Machinery. The inclusion of specific terms on an invoice reflects tailored aspects of the agreement pertinent to the particular transaction. Buyers should review both the Conditions of Sale and the terms on the invoice to fully understand the scope and provisions of the agreement. These documents complement each other and collectively outline the rights, obligations, and understandings between all parties involved in the sale.

The Purchaser agrees to indemnify, defend, and hold harmless the Seller from any and all liabilities, losses, damages, claims, demands, costs, and judgments arising from the use of the machinery and items sold under this agreement. This includes, but is not limited to, responsibilities and outcomes stemming from:

  1. NON-COMPLIANCE WITH MANUFACTURER INSTRUCTIONS: The Purchaser’s failure to adhere to manufacturer’s instructions, warnings, or recommendations. The Purchaser is responsible for obtaining and following the original manufacturer’s instructions. If unavailable due to the manufacturer no longer being in business, the Purchaser assumes all associated risks.
  2. LEGAL NON-COMPLIANCE: Failure to comply with federal, state, or local laws and regulations, including the Occupational Safety and Health Act of 1970 (OSHA), as amended.
  3. NEGLIGENCE CLAIMS: Claims alleging negligence by the Seller, or its officers, agents, or employees in relation to the sale of the equipment.
  4. STRICT LIABILITY CLAIMS: Liabilities or damages based on strict liability or liability without fault, applicable to the Purchaser, Seller, original manufacturer, or any previous seller of the equipment.
  5. WARRANTY BREACH CLAIMS: Claims related to a breach of warranty must be reported within a “reasonable time,” defined as:
    • ALMA MACHINERY STANDARD: 30 days from the date the item is received by the buyer. This period is deemed sufficient for inspection and identification of any discrepancies or defects.
    • REGULATORY AND MARKETPLACE REFERENCES: In 2022, almost two-thirds of U.S. consumers surveyed (by Morning Consult on 11/3/2022) said they had bought used products on eBay, making it the most popular online site for second-hand goods in the North American continent. Facebook Marketplace ranked second with 55 percent of respondents, followed by OfferUp with 24 percent. Alma Machinery’s 30-day period aligns with eBay’s 30-day claim period for used items after delivery or 7 days after the event date, whichever is later, Facebook Marketplace’s policy -“To return an item purchased with checkout from an individual seller on Facebook Marketplace, you must contact the seller to see if they are willing to accept a return… All items sold with shipping and checkout are final sale” and OfferUp’s return policy “You must report to us within 4 days of the item being delivered. You have 2 days to contact the seller, and 2 more days to contact us if the seller does not respond or declines.” It even lines up with the SEC’s 3-day notification requirement for termination intentions.
    • NOTIFICATION REQUIREMENTS: Buyers must notify Alma Machinery in writing within this 30-day period to report any breach of warranty. Failure to do so significantly limits, or may void, the ability to claim under such warranties.

DISCLAIMER OF WARRANTIES: Alma Machinery provides no warranties, express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose. All items are sold on an as-is basis. This disclaimer is presented to the buyer upon purchase and preempts any post-sale warranty claims, clarifying buyer responsibilities and terms of sale.

The Purchaser’s obligation to indemnify includes defending against claims and reimbursing the Seller for all costs, including legal fees. Acceptance of the machinery or items from Alma Machinery constitutes agreement to this indemnification, applicable solely to this transaction and not extending to any subsequent use or misuse of the purchased items.


  • CHOICE OF LAW: This Agreement and any disputes arising from it will be governed by the laws of the State of Michigan, excluding its conflict of law principles.
  • JURISDICTION AND VENUE: Exclusive jurisdiction and venue for any legal proceedings related to this Agreement will be in the state or federal courts located in Michigan or Tennessee. The parties agree to this jurisdiction and venue and waive any objections to such as forum non conveniens. This agreement to jurisdiction and venue is strictly limited to the purposes stipulated in this Agreement and does not extend to any general legal proceedings involving the parties outside the scope of this Agreement.

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 items referred to herein without notice of objection as aforesaid will be deemed to constitute assent to such terms.

Machinery and items 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 after the item has been transported to it’s final location and BEFORE MACHINE(S) / ITEM(S) ARE PUT INTO OPERATION.

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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.

These Conditions of Sale were last updated at 11:52AM on 4/24/2024.