Terms & Conditions

Terms and Conditions:

All purchasers are required to give full legal name, company name, address, and phone number.

QUOTATION AND ACCEPTANCES: For immediate acceptance, and subject to prior sale or other disposition, and change without notice. All proposals and acceptances of orders are made with mutual understanding that orders are not subject to cancellation. Specifications are approximate, intended solely as a guide and are not binding. The shipping date is approximate only and is contingent upon delays or non-performance occasioned by strikes, accidents, fire or other causes.

GUARANTEE: All Machinery is sold “As Is”, unless specifically noted that the machine is guaranteed, by us does not prove satisfactory as represented, the purchaser may return if freight prepaid upon written notification within 30 days from date of shipment and we will refund the purchase price in full. This does not apply to machines sold “as is” or “subject to inspection.”, Purchaser is responsible for inspecting the equipment prior to purchase.

PAYMENT TERMS: 25% Down Payment upon invoice, Payment in full must be made before removal or shipment of goods. Payment must be made to Total Machinery Inc. by wire transfer, certified funds, company check with bank letter of credit, credit cards. All credit card purchases will be charged an extra 3% for processing and handling

SALES TAX: Purchaser shall also pay all applicable sales or use taxes imposed by all taxing authorities on such transaction unless purchaser shall present a resale  certificate, certificate of exemption or the like, exempting the purchaser and Total Machinery Inc. Industries Inc. from the payment of any such sales and use taxes.

REMOVAL AND SHIPPING: Purchaser is responsible for all rigging, trucking or pickup of any and all equipment, and be at the expense, risk and liability of the purchaser. Purchases will be delivered only on presentation of paid bill. Total Machinery Inc. shall not be responsible for goods not removed within the time allowed, but shall have the option to remove and store at the expense and risk of the purchaser any article purchased, but not paid for and removal of any of the goods.

CONDITIONS OF ARTICLES SOLD:Total Machinery Inc. shall not be responsible for the correct description, genuineness, authenticity of, or defect in any equipment advertised, and makes no warranty

in connection therewith. No sale shall be set aside nor allowance made on account of any incorrectness, error in cataloging, or any imperfection not noted. NO DEDUCTION ALLOWED ON DAMAGED ARTICLES, ALL ARTICLES BEING EXPOSED FOR PUBLIC EXHIBITION, AND SOLD “AS IS” AND WITHOUT RECOURSE. ARTICLES ARE NOT WARRANTED AS MERCHANTABLE OR FIT FOR ANY PARTICULAR PURPOSE, AND NO CLAIM MAY BE MADE BY PURCHASER, UNLESS SPECIFIED BYTotal Machinery Inc.

SAFETY DEVICES: Articles purchased may not incorporate approved activating mechanisms, operating safety devices or safety guards, as required by OSHA or otherwise. It is purchaser’s

Responsibility that articles purchased be so equipped and safeguarded to meet OSHA and any other requirements before placing such articles into operation.

INDEMNIFICATION: Purchaser agrees to indemnify and hold Total Machinery Inc. harmless from and against all claims and liabilities relating to the condition or use of the articles purchased or failure of user to follow instructions,

warnings or recommendations of the manufacturer, or to comply with federal, state and local laws applicable to such articles, including OSHA requirements, or for proximate or consequential damages, costs or legal expenses arising therefrom.

In default of payment of bills in full within the time therein specified,Total Machinery Inc. in addition to all other remedies allowed by law, may retain all monies received as deposit or otherwise, as

liquidated damages. Lots not paid for and removed within the time allowed herein may be resold at public or private sale without further notice, and any deficiency, together with all expenses and charges of re-sale, will be charged to the defaulting purchaser.

RECORDS: The record of sale kept by Total Machinery Inc. and bookkeeper will be taken as final in the event of any dispute.

BANKRUPTCY: If at any time prior to payment in full, purchaser files a petition in bankruptcy or for other

similar protection from creditors, or an involuntary petition in bankruptcy or other similar proceeding is filed against purchaser, then, at the option of Total Machinery Inc. the sale may be voided.