TERMS OF SALE
The sale of equipment described in every Blankenship Equipment Repair Proposal is subject to the following terms:
OWNERSHIP AND DELIVERY
1. Seller shall transfer and deliver possession of the equipment to the carrier and until the carrier delivers possession of the equipment to Buyer, the Seller is owner of it and bears all risk of loss. On taking delivery of the equipment, the Buyer assumes all risk of loss until it is returned to the possession of Seller or to a carrier for delivery to Seller, irrespective of later acceptance or even no acceptance of the equipment.
2. Equipment delivered, whether paid for or not is subject to inspection and approval by Buyer before acceptance. Buyer may reject and return to Seller at Seller’s cost of packaging and transport any equipment that does not conform to the description of the equipment in this contract and such rejection and recovery of any amount paid on the price are the Buyer’s only remedies.
3. Buyer shall inspect equipment delivered hereunder at its expense and shall within 48 hours after it takes possession of the equipment give written notice to the Seller of any claim that the equipment does not conform to this contract. If Buyer does not give such notice it is deemed to forego any right to reject the equipment.
CANCELLATIONS AND RETURNED GOODS
4. Upon receipt of customer Purchase Order for goods a 20% restocking fee will apply to all cancellations whether in part or full. Once manufacturing of equipment is commenced order cannot be cancelled or suspended except upon written approval from seller and on terms that will indemnify it against all loss. All equipment covered under these conditions are non-returnable custom items.
5. Seller gives no warranties in respect of the equipment except as set out in the Warranty Certificate provided by the equipment manufacturer. Refurbished equipment is warranted to the original purchaser that the equipment shall be free from defects in material and workmanship for ninety (90) days from the date of purchase unless otherwise specified. All workmanship associated with equipment installation will be free of defects for the period of 1-year. If a defect covered by this warranty occurs during the warranty period Blankenship Equipment Repair will repair the defect free of charge.
6. Pricing is based on Seller’s current standard insurance limits and does not include notification of cancellation, OCIP, CCIP or other type insurance wrap program, bonding or additional coverages or endorsements.
7. Buyer hereby grants to the Seller a security interest in the equipment to secure payment of the price to Seller.
8. Buyer shall indemnify Seller against and hold harmless Seller and its employees from all obligations, including any claims for legal cost that arise in connection with Buyer’s operation of the equipment. Seller does not pay liquidated damages for any reason.
9. Seller is excused from performing its obligations hereunder if its failure to perform is due to causes beyond its control, including but not limited to acts of God, acts of civil or military authorities, fire, flood, windstorm, earthquake, strikes, lockouts or other labor disturbances, war, general fuel or other energy shortages, delays in delivery of equipment from the manufacturer or delays in transportation.
10. This contact sets out the entire agreement between the parties. Any amendment of this contract made by Buyer and not agreed to in writing by Seller and any provisions set out in any acknowledgment hereof, whether set out in this contract or in a separate document that are inconsistent with this contract are of no effect.
11. No provision of this contract may be amended or waived except by written agreement and any such waiver (a) is valid only in respect of the specific instance to which it relates and is not a continuing waiver and (b) is not to be construed as a waiver of any other provisions.
12. Each party undertakes to execute any further documents and do any further acts required to complete the sale of the equipment described herein.
13. Neither party is entitled to assign its interest under this contract without the previous written consent of the other party but Buyer may designate a consignee to whom the Seller shall deliver the equipment.
14. This contract shall in all respects be governed by and construed in accordance with the laws of the state of Washington.
15. Any notice to be given by a party under this contract shall be in writing and may be sent by mail or facsimile transmission or delivered to the address set out at the beginning hereof, and no notice is effective until received by the other party.
16. This contact enures to the benefit of and is binding on each party, its successors and permitted assigns.