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                                                                TERMS AND CONDITIONS OF SALE

  1. Payment Terms:Terms of payment are net cash in United States dollars, prior to delivery, unless otherwise specified on the accompanying “quote/invoice” form.
  2. Taxes:Prices do not include any federal, state or local taxes, which are in addition to the purchase price and must be paid by Purchaser. Any and all foreign duties and taxes are the responsibility of Purchaser.
  3. Guarantee:If machine is sold with a 30 day guarantee, Blumberg Machinery Company will guarantee machinery sold to be in good working condition for 30 days from date of shipment. This guarantee covers the mechanical functionality of the machine only, and does not cover installation, setup, tolerances or suitability for any purpose.   If machine requires repair, Blumberg Machinery Company must to be notified immediately to authorize service.  Once the guarantee expires, any service required following the guarantee will be the responsibility of the buyer.
  4. 30 Day Return Privilege If machine is sold with a 30 day return privilege, Blumberg Machinery Company will accept within 30 days from date of shipment, any machinery and equipment sold with return privilege, freight prepaid for a full refund of original purchase price or repair at dealers option.
  5. No Warranty:If machine is sold as is, Blumberg Machinery Company makes no guarantees or warranties expressed or implied.
  6. Freight and Insurance:All freight and insurance charges are the responsibility of Purchaser unless otherwise agreed by BMC and Purchaser in writing.
  7.  Inspection: Upon reasonable notice to BMC, Purchaser shall have the right to inspect the merchandise and equipment at BMC’s location during normal business hours prior to time of shipment.
  8. Purchaser’s Responsibility and Indemnity: It shall be the Purchaser’s responsibility to ensure that any merchandise or equipment purchased from BMC is installed and operated in a proper and safe manner. The purchaser also acknowledges that it may have to install or change guards, safeties, warnings, or other components to ensure that the merchandise or machines purchased hereunder will conform to all laws, regulations, ordinances, codes, insurance requirements and industry standards. Purchaser shall bear and pay all expenses, losses, and damages that may arise from the transportation of the merchandise or equipment, and all losses, damages, debts and liabilities incurred by the Purchaser in connection with its purchase of the merchandise or equipment and every other expense relating or incidental thereto, except such costs, damages, or expenses as may arise from any action or proceeding brought against the Purchaser with respect to the title of BMC to the merchandise or equipment and BMC’s right to sell and advertise the same. Purchaser agrees to defend, indemnify and hold harmless BMC from and against all suits, claims, costs, damages and expenses, including, but not limited to, reasonable attorney’s fees, arising out of, or in connection with, the transportation, purchase, ownership, or use of the merchandise or equipment sold hereunder.
  9. Non-Liability of Seller: BMC shall not be liable for its failure to perform hereunder, due to any contingency beyond its reasonable control, including acts of God, fires, floods, wars, sabotage, accidents, labor disputes or shortages, government laws, regulations, ordinances or codes, inability to obtain material or equipment and any similar or different contingencies. In no event, whether as a result of breach of contract, delay in shipment, or express or implied warranty, tort (including negligence) or otherwise, will BMC be liable to Purchaser, its successors or assigns, for any incidental or consequential damages including, but not limited to, damages for loss of revenue or profits, cost of capital, claims or customers for service interruptions or failure of supply, or costs and expenses incurred in connection with labor, overhead, transportation, installation or removal of products or substitutes facilities or supply sources, even if BMC has been advised of the possibility of such damages.
  10. Modifications: Purchaser acknowledges that these are the only terms and conditions of sale, and is intended by the parties as a complete and exclusive statement of the terms of their agreement. This supersedes all prior agreements, written or oral, and upon issuance of BMC’s invoice or acknowledgment will become part of that invoice or acknowledgment. No course of prior dealings between the parties, no usage of trade, nor any form preferred by Purchaser containing different or conflicting terms, shall be part of the parties’ agreement, nor shall they be relevant to determine the meaning of any agreement with BMC even though the accepting or acquiescing party has knowledge of the nature of the performance and opportunity for objection. Whenever a term defined by the Uniform Commercial Code (“Code”) is used herein, the definition contained in the Code shall control. Any variation from the terms hereof contained in the Purchaser’s acceptance is hereby rejected. The agreement of which these terms are a part can be modified or rescinded only in writing signed by BMC.
  11.  Quotations: All quotations are made for immediate acceptance and are subject to withdrawal or change at anytime and without notice.  Blumberg Machinery Company makes no guarantee to the accuracy of specifications descriptions.
  12. Limitations of Remedies:No claim arising out of or relating to this agreement shall be greater in amount than the purchase price of the merchandise or equipment in respect of which such damages are claimed. Failure to give notice of claim within thirty (30) days from the date of delivery or the date fixed for delivery (in the event of non-delivery) shall constitute a waiver by buyer of all claims in respect of such merchandise. The remedy hereby provided shall be the exclusive and sole remedy of Buyer and any right to consequential and incidental damages is excluded.
  13. Waiver or Right to Jury Trial/Submission to Jurisdiction/Designation of Law and Forum: In any action brought by Purchaser, any successor or assignee or Purchaser arising out of or related to this agreement, merchandise or goods sold hereunder, Purchaser hereby waives its right to a trail before a jury. The parties agree that the law of the state of Illinois shall control in construing and in any such dispute and that all such actions brought arising out of or related to this agreement shall be brought in a court of competent jurisdiction located in Lake County, Illinois.
  14. Bankruptcy: In the event any one or more of the following shall occur, any and all obligations of BMC hereunder, including without limitation, any obligation to deliver merchandise or goods to Purchaser, shall terminate immediately and without further action by BMC: Purchaser files a petition in bankruptcy or is adjudicated a bankrupt, or a petition in bankruptcy if filed against Purchaser. Purchaser becomes insolvent or makes an assignment for the benefit of its creditors or makes an arrangement pursuant to any bankruptcy law; or Purchaser discontinues its business or a receiver is appointed for it or its business.
  15. Time for Bringing Action: Any action by Purchaser for breach of agreement of which these terms are a part shall be commenced, and BMC must be served, within one (1) year after the cause of actions has accrued.
  16. Invoice – Any verbage on the invoice pertaining to the specifics of the deal supersede the terms and conditions expressed on this document
  17. Terms and Conditions Terms and conditions are subject to change at anytime and without notice