Moreland Machinery Co, Inc.

Your Trusted Source for Quality New & Used Machinery -Since 1989

Conditions of Sale & Quotation

1.                   Used equipment is sold in “As Is, Where Is” condition; subject to prior sale. Absolutely no exceptions of any unless expressly written and agreed to by both Moreland Machinery Co., Inc., Seller, and Buyer.

2.                 No guarantees or warranties of any kind, express or implied, is given or implied unless otherwise stated in the invoice or written sales agreement.

3.                  Care is taken to give reliable descriptions and information, but these descriptions & information should  only be used as a guide, and their accuracy should be checked by buyer with the manufacturer or by the buyer’s personal inspection. Buyer assumes ALL responsibility to confirm information or specifications given through Moreland Machinery Co., Inc.

4.                  Terms of sale of payment in full prior to shipment unless otherwise stated.

5.                  Prices quoted are FOB Ex-works site unless otherwise stated.  Prices quoted are exclusive of any government sales or use tax, import or export tax or any other fees are charges such as crating, loading, dismantling, etc.

6.                  Buyer acknowledges that used equipment being acquired as noted in this Invoice was neither designed nor manufactured by MORELAND MACHINERY CO., INC. nor does MORELAND MACHINERY CO., INC. warrant or guarantee for specific applications of these goods by the buyer, or of alterations made by former owners.  Therefore, it is the Buyer’s responsibility to inspect the goods thoroughly and to provide safety devices and equipment to safeguard the operator from harm for any particular use, operation or set up, and to adequately safeguard the machine or machines to conform to all Federal, State and Local Governmental Safety Standard and all industry safety standards. Buyer is responsible to determine fitness, condition, safety or viability of any product purchased.

7.                  Buyer agrees to indemnify and hold harmless, MORELAND MACHINERY CO., INC. of and from any and all claims or liabilities from accidents involving these machines caused by failure of buyer, his employees, or agents to install proper safe guards or to follow instructions, warnings or recommendations available from the original manufacturer or laws applicable to such equipment including the Occupational and Safety and Health Act of 1970, and as amended or failure to determine its fitness or viability for any and all use of the equipment.

8.                  Buyer is responsible for all freight charges and related shipping expenses such as rigging fees, broker fees, etc. In others words, Ex-works site.

9.                  Buyer hereby acknowledges that this contract expressly limits Buyer’s remedies in the event of a defect in this equipment such that MORELAND MACHINERY CO., INC. shall have no liability for any consequential damages (including, without limitation, any personal injury or any damage to other equipment) which may relate to such defect over and above the purchase price of the equipment being purchased by the Buyer hereunder.

10.               These conditions and any other declarations which are set forth in this sales document (Invoice) constitute the entire agreement between the parties hereto and there are no understanding, representations or warranties of any kind, express or implied, not expressly set forth herein.  No modification of these conditions shall be effective unless in writing and signed by the party claimed to be bound thereby.

11.               All quotations and sales are subject to this document unless otherwise stated in writing by Moreland Machinery Co., Inc. or it’s sales employees.  Any verbal agreements MUST be put in writing or otherwise will not be binding.

12.               Buyer expressly agrees to this document by purchasing any equipment or services from Moreland Machinery  Co., Inc.  If any part of this document is found to be unlawful, then all other declarations and components remain in full force and indure.