30 DAY MDNA GUARANTEE & RETURN PRIVILEGE: Seller will accept within 30 days from shipment any machinery and equipment sold with return privilege, freight prepaid for refund of the purchase price if proven mechanically unsatisfactory, or will repair same at Seller’s option. This guarantee does not apply to machines sold directly from private end user’s plants, from auctions, from non-MDNA dealer stock, sold “as is or as inspected”, negotiated sale at a reduced price or “New” machines which are subject to the original equipment manufacturer’s guarantee.

ONE YEAR BREAKDOWN WARRANTY: Belter Machinery is now offering an Equipment Breakdown Warranty on used and new equipment! This inexpensive warranty provides you with bottom-line protection if a mechanical or electrical breakdown occurs within the first year. Both parts and labor are included, and unlike most OEM warranties even breakdowns resulting from operator error are covered. You can use a repair firm of your choice, and payments for a covered loss will be made directly to you. Pricing, limits, and deductibles are based on the selling price. This warranty is provided in cooperation with The Hartford Steam Boiler Inspection and Insurance Company, a leading equipment breakdown insurer. This is only a summary. Please visit www.hsb.com/warranty02 for more information about this valuable protection, including the actual terms and conditions. This Warranty applies only while the Covered Equipment is located within the United States of America, Canada, Mexico or Puerto Rico. This Warranty is not available to equipment buyers in the following states: Alaska, Colorado, Connecticut, Idaho, Maine, Missouri, New York, Oregon, Utah, and Wisconsin.

GENERAL TERMS: There are no conditions and agreements outside of this written quotation/invoice and that all prior conversations, agreements, or representations with reference to its subject matter are superseded. Care is taken to give reliable descriptions of goods, but these are not guaranteed, and prospective buyers are advised to verify details. Specifications are approximate only, intended solely as a guide, and are not binding upon the Seller. We reserve the right to correct typographical errors.

QUOTATIONS AND ACCEPTANCES: All quotations are offered for immediate acceptance and shall remain open for ten days from the date the proposal is made. All quotations are offered subject to prior sale or other disposition and change without notice. All acceptances of orders are made with the mutual understanding that orders are not subject to cancellation.

INSPECTION: Buyer shall have the right to inspect the merchandise at the place of shipment prior to shipment.

PRICES/PAYMENT TERMS: Full payment (free and clear funds) with order and before removal of goods unless otherwise agreed to in writing. Buyer shall pay all transportation charges and any additional charges for packaging the buyer requires. All amounts are in U.S. dollars.

TAXES: All prices contained in the attached quotation are exclusive of any Federal, State, or Local sales, use, property or excise taxes. If Seller is required by law or regulation to pay any tax on account of this transaction, Buyer shall reimburse Seller for such taxes on demand.

TITLE: Title shall not pass to Buyer upon delivery of the goods, but shall remain vested in the Seller until the entire purchase price and applicable sales taxes are paid in full.

SHIPPING SCHEDULE: All shipping dates are approximate and are subject to unavoidable delays caused by strikes, accidents, acts of God, or other causes beyond our control including but not limited to acts and regulations by the Federal government.

RISK OF LOSS: All risk of loss to the goods following delivery to the rigger or carrier for shipment shall be upon Buyer. Buyer shall insure the goods fully for Seller’s benefit until the full purchase price is paid. All claims made against any carrier for loss or damage in transit shall be made by the Buyer regardless of which party arranged shipping.

CLAIMS: Any and all claims for errors in merchandise must be made in writing immediately upon receipt of goods; no credit will be allowed on returned goods without our permission. It is expressly agreed that Buyer’s sole and exclusive remedy for any claims arising under this agreement against Seller shall be limited to return of the goods and repayment of the purchase price, or to repair or replacement of the goods at the Seller’s option. In no event shall Seller be responsible for special or consequential damages. 

NOTICE: All notices shall be by registered or certified mail, return receipt requested, to the addresses of the parties shown herein.

GOVERNING LAW: This writing shall be construed and enforced in accordance with the laws of the State of Illinois.

MACHINE USE & SAFETY: Buyer acknowledges that the goods described herein were neither designed nor manufactured by the Seller, nor does the Seller have any knowledge or control over the prior use or misuse of the goods or the future application of these goods by the Buyer. It is the Buyer’s (User’s) responsibility to provide proper safety devices and equipment to safeguard the operator from harm for any particular use, operation, or setup, and to adequately safeguard the machine, or machines, to confirm to all Federal, State, and Local government safety standards, and all industry safety standards.

INDEMNIFICATION: Buyer agrees to indemnify, hold harmless, and defend Seller from and against any and all claims, demands, liabilities, costs or lawsuits arising out of use of or in any way involving injury or accident occasioned by said goods or equipment. Said agreement includes, but is not limited to, the duty to indemnify, hold harmless and defend seller in any of the following situations: (1) claims involving or alleging improper or negligent design, maintenance, construction, reconstruction, repair, alteration or modification of the equipment or goods by seller, its agents or employees; (2) claims involving allegations of failure, negligent or otherwise, on part of Seller to equip said equipment with safety devices as required by Federal, State, or Local government statutes, rules or regulations, or as is customary in the trade; (3) claims involving or alleging negligence by the Seller, either alone or jointly with Buyer or any other person, firm or organization. Buyer specifically agrees to indemnify, hold harmless and defend Seller from any claims alleging negligence on the part of the Seller and waives benefit of any laws, rules and regulations contrary to, or in limitation of this agreement. The covenants expressed herein shall be severable, and the invalidity, now or in the future, of any of the covenants recited herein shall not affect the validity of the remaining covenants.

WARRANTY DISCLAIMER: The goods described herein, unless otherwise described as “New”, are pre-owned goods and are offered “as is” unless specifically sold with return privilege as noted herein. “New” machines are subject to the manufacturer’s guarantee; copy provided upon request. All implied warranties of merchantability and fitness for a particular purpose are hereby disclaimed and excluded from this agreement. Seller makes no representation or warranty that said goods conform to any specification, description or condition. It is Buyer’s responsibility to inspect the goods and to ascertain if the specifications, descriptions and conditions of the goods conform to the Buyer’s requirements. Any warranty concerning said goods made by any third party is enforceable only against the third party and not the Seller.

DISPUTES/COLLECTION EXPENSE: Buyer shall pay for all collection costs which are incurred by Seller in connection with this order, including reasonable attorney’s fees.

ENTIRE AGREEMENT: These terms and conditions, together with the provisions contained in the quotation/invoice are intended by the Seller and Buyer to be a complete and exclusive statement of the terms of the agreement, and such agreement may not be modified, amended, or waived except by a writing executed after the date hereof by an authorized Seller officer. All prior conversations and representations with reference to this subject matter are superseded by this agreement. Seller shall not be bound by any terms of Buyer’s purchase order forms or other documents which attempt to impose conditions at variance with Seller’s terms and conditions of sale set forth herein unless the same shall be specifically agreed in writing by a duly authorized officer of the Seller. Seller objects to provisions contained in Buyer’s forms which are different or in addition to the terms herein. Seller’s failure to object to provisions in Buyer’s purchase orders or other communications shall not be deemed a waiver of the terms and conditions hereof nor acceptance of such provisions. Buyer’s purchase order is accepted expressly conditional on Buyer’s assent to the terms and conditions herein, as the complete and exclusive statement of the terms of this agreement, which assent shall be manifested by the Buyer accepting or retaining possession of the goods described herein. These terms and conditions of sale constitute an integral part of the quotation/invoice and/or sale of the property described herein and are not subject to waiver or cancellation.