The following terms and conditions will apply to a sales transaction for products and equipment described and listed on this website. By agreeing to an offer for any products and equipment listed on this website, you agree to accept and be bound by the terms and conditions listed below.

Unless otherwise stated, any equipment has not been inspected and is sold “AS IS”, “WHERE IS”, WITH ALL FAULTS AND DEFECTS, KNOWN AND UNKNOWN, WHETHER OBVIOUS OR LATENT. SELLER EXPRESSLY DISCLAIMS all warranties, expressed or implied, including ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, or any warranty regarding the accuracy of equipment specifications or operability.

All descriptions of equipment on this website or any advertisement are approximate and for illustration only. Seller makes no representations or warranties that the equipment conforms to any such descriptions. It is the Buyer’s responsibility to inspect the equipment and ascertain that the equipment conforms to the Buyer’s requirements.

The equipment is sold subject to the Seller receiving the equipment from the equipment supplier from which the Seller is acquiring the equipment. If such supplier fails or refuses to timely sell and/or deliver the equipment to the Seller, free and clear of all liens, upon the terms previously agreed upon by the Seller and such supplier, the Seller shall refund any deposits made by the Buyer, and the Seller shall have no further liability to the Buyer.

The maximum liability of the Seller or any affiliate, subcontractors, or suppliers, at any tier, under any legal theory, shall not exceed the purchase price paid to the Seller for the equipment. The Seller shall not be held liable for any consequential, incidental, special, or punitive damages, lost profits, loss of use damages, or damage to other equipment or materials, even if the Seller has been advised of the possibility of such damages.

All taxes, customs, and duties related to the equipment or sale of the equipment are the responsibility of the Buyer. This includes all sales tax, excise tax, and personal property taxes. The Buyer agrees to reimburse the Seller for any payments of such amounts, including interest, charges, or penalties.

Title to the equipment shall not pass to the Buyer until the full purchase price has been paid to the seller. Payment shall be made in U.S. funds by check or wire transfer, unless other arrangements acceptable to the Seller have been made. The Buyer grants to the Seller a secured interest in the equipment and authorizes the Seller to execute and file any documentation necessary to perfect the security interest in the equipment.

Equipment shall be tendered and delivered to the Buyer on the floor at its existing location. Unless specified otherwise in the sales agreement, the Buyer shall bear all risks and expenses of dismantling, packing, loading, rigging, shipping, assembling, and installing the equipment. Risk of loss shall pass to the Buyer upon the earlier of payment in full of the purchase price, or upon the Seller’s tendering of the equipment for dismantling, loading, shipping, and/or delivery. The Buyer is solely responsible for, and bears the risk of loss, for all arrangements and costs, and any damage to the equipment during the process of dismantling, packing, loading, rigging, shipping, delivering, assembling, and installing the equipment, regardless of whether the Seller assists the Buyer in packing or loading.

Any and all delivery dates furnished by the seller are tentative only. The Seller shall not be responsible for any damages caused by any delay in delivery, including, but not limited to, any lost profits, downtime, or inability to perform any contracts. In case of transport damage, the Buyer shall make all claims for damage directly with the carrier. Buyer is solely responsible for proper completion of any bill(s) of lading with respect to the equipment and for obtaining insurance against any damage, loss or delay in dismantling, packing, loading, rigging, shipping, delivering, assembling, and/or installing the equipment.

The Buyer acknowledges that the equipment was neither designed nor manufactured by the Seller, and that the Seller has no knowledge of or control over the prior use or misuse of the equipment. Safety devices furnished by the Seller shall be limited to those specifically mentioned in the agreement. All other safety devices, guards, warnings, equipment, instruction, and training for any particular use, operation or setup are the sole responsibility of the Buyer. The Buyer is solely responsible to take all necessary steps to conform to all federal, state, and local government standards (including OSHA and CSA standards) and all industry safety standards.

The buyer agrees to defend, indemnify, and hold the Seller harmless from any claims, liabilities, or damages the Seller may suffer as a result of any claims made against the Seller arising out of any use whatsoever of the equipment based upon or resulting from (1) failure of the Buyer or its agents to follow manufacturer’s instructions, warnings, or recommendations; or (2) failure of the Buyer or its agents to comply with any applicable laws or regulations applicable to the use of the equipment (including OSHA and CSA regulations); or (3) any negligence of the Seller or its agents in the sale of the equipment; or (4) improper or negligent design, maintenance, construction, reconstruction, repair, alteration, or modification of the equipment by the Buyer or Seller; or (5) any legal theory of strict liability and/or products liability; or (6) any theory or breach of warranty of any kind; or (7) the presence of hazardous substances, contaminants, or waste on or in the equipment.

All Business Transactions under this Agreement shall be governed and construed in accordance with the laws of the State of North Carolina without regard to principles of conflicts of laws. The Parties irrevocably submit to the jurisdiction and venue of the courts in Mecklenburg County, North Carolina for the purpose of any suit, action or other proceeding arising out of this Agreement. The Parties, furthermore, waive any right it may have to a trial by jury in respect of any claim brought by or on behalf of either party based upon, arising out of or in connection with this Agreement. Any dispute arising hereunder, if not settled by mutual agreement, shall, at either party’s option, and, upon written notice by one party to the other, be settled by final and binding arbitration in Charlotte, North Carolina. The arbitration shall be conducted in accordance with the Commercial Dispute Resolution Procedures and Rules of the American Arbitration Association (“AAA Rules”) by a single disinterested arbitrator appointed in accordance with such AAA Rules.