TERMS AND CONDITIONS
SUBJECT TO BUYER VERIFICATIONDISCLAIMER:
The information and specifications listed on this page, quote and invoice are believed to be accurate. Photographic representations are for illustrative purposes only, and may not be of the actual machine. The Velocity Grp, LLC is not responsible for any typographical or other errors that may exist.INSPECTIONThe Velocity Grp, LLC highly encourages all buyers to inspect the machine(s) prior to purchasing the machine(s) and will make every effort to make this available to the buyer.
DELIVERY/RIGGING:Delivery shall be made F.O.B. (free on board) BUYERS truck based on current location of the machine and all costs associated with preparing, rigging and shipping is the responsibility of the BUYER. BUYER bears all risk of loss or damage to the equipment during preparing, rigging and delivery on the BUYERS truck.OPERATION OF THE EQUIPMENT:BUYER shall be responsible for the operation of the equipment. The Velocity Grp, LLC certifies there are no known issues or defects with the machine that was not disclosed to the BUYER, including, but not limited to, any warrant of merchantability of fitness for a particular purpose, or any warranty regarding the accuracy of the equipment specifications or operability.
RETURN POLICY FOR USED EQUIPMENT: BUYER acknowledges that any used machine is purchased AS-IS, therefore no return will be accepted.
RETURN POLICY FOR PPE PRODUCTS: Due to the COVID-19 Pandemic The Velocity Group cannot accept any returns on PPE Products sold through the website, all Manufacturer warranties can be submitted directly to the manufacturer.
WARRANTY DISCLAIMER:The goods described herein are pre-owned used goods are offered AS-IS. Seller makes no warranties of any kind whatsoever expressed or implied, and ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED and excluded from this agreement. All specifications and descriptions of said goods are approximate only. Seller makes no representation of 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 condition of the goods conform to Buyer’s requirements. Any warranty concerning said goods made by any third party is enforceable only against the third party, and not the Seller.
FORCE MAJEURE:If performance of this contract or any obligation under this Contract is prevented, restricted, or interfered with by causes beyond either party's reasonable control ("Force Majeure"), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm world epidemics or pandemics or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages, or other labor disputes, or supplier failures. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.
CONFIDENTIALITY:The Velocity Grp, LLC, and its employees, agents, or representatives will not at any time or in any manner, either directly or indirectly, use for the personal benefit of The Velocity Grp, LLC, or divulge, disclose, or communicate in any manner, any information that is proprietary to T The Velocity Grp, LLC and its employees, agents, and representatives will protect such information and treat it as strictly confidential.
PURCHASER’S DUTY:Purchaser agrees upon receipt of machinery subject to this agreement that it will be purchaser’s duty to inspect all machinery on a continuing basis; to provide proper safety devices and equipment or means necessary to safeguard the operator from harm for any use or particular use, operation or set-up of such machinery; to adequately safeguard each piece of machinery or equipment; and, to meet all government safety standards which may be imposed from time to time, including, but not limited to, the 1970 Occupational Safety and Health Act (OSHA), as amended. Seller assumes no liability for consequential damages of any kind, and Purchaser, by acceptance of delivery, assumes all liability for the consequences of the use or misuse by anyone of machinery or equipment subject to this agreement.
PAYMENT/DEPOSIT:This price is based on a quoted price/agreed upon price. The Velocity Grp, LLC requires full payment due upon receiving invoice from The Velocity Grp, LLC.
LIEN INDEMNITY:Company certifies that no liens exist against this equipment. To the extent not directly contrary to the terms above, the following terms and conditions, and those in the attached Addendum, will apply to the sale described in this invoice. Buyer's signature on the invoice, including and facsimile or email signature, constitutes Buyer's approval and acceptance of the terms and conditions set forth in the invoice and this Addendum.
Unless otherwise stated in this agreement, Seller has not inspected the equipment, and the equipment is sold "AS-IS," "WHERE IS," WITH ALL FAULTS AND DEFECTS, KNOWN AND UNKNOWN, WHETHER OBVIOUS OR LATENT. SELLER EXPRESSLY DISCLAIMS all warranties expressed or implied, including ANY WARRANTY OR MERCHANTABILITY OR FITNESS FORA PARTICULAR PURPOSE, or any warranty regarding the accuracy of equipment specifications or operability.
All descriptions of the equipment in this invoice or in any advertisement are approximate and for illustration only. Seller makes no representations or warranties that the equipment conforms to any such descriptions. It is Buyer's responsibility to inspect the equipment and ascertain that the equipment conforms to the Buyer's requirements. The maximum liability of Seller or any affiliate, subcontractors or suppliers, at any tier, under any legal theory, shall not exceed the purchase price paid to Seller for the equipment, and Seller shall not be liable for any consequential, incidental, special or punitive damages, lost profits, loss of use damages, damage to other equipment or materials, even if Seller has been advised of the possibility of such damages. Any action relating to this agreement or the equipment shall be (a) filed in a court in Macomb County, Michigan with Buyer specifically consenting to the jurisdiction in Michigan; (b) governed by the laws of the State of Michigan, without regard to principals of conflict of laws; and (c) be decided by a judge, with each side expressly waiving any right to a jury trial. The prevailing party in any such action shall be entitled to recover all of its litigation cost, including attorney’s fees.
The terms and conditions of the Addendum and the attached invoice constitute an integrated, full and final agreement between Seller and Buyer, and are not to be modified or amended by any prior or contemporaneous agreements, whether written or oral. No modification of the agreement maybe effective unless in writing and signed by all parties. No modification shall result from Seller's acknowledgement of acceptance of purchase order forms containing different terms and/or conditions. Buyer acknowledges that Seller has not inspected the equipment, and that Seller has not knowledge as to Buyer's intended use of the equipment. As a result, all express or implied warranties are disclaimed by Seller, including, but not limited to, any WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY REGARDING THE ACCURACY OF EQUIPMENT SPECIFICATIONS OR OPERABILITY, or any warranty arising from a course of performance, course of dealing, or usage of trade. Buyer acknowledges that Seller has recommended that Buyer either inspect the equipment, or have it inspected by and independent third party in order to ensure that the equipment meets buyers needs and expectations. Buyer is not justified in relaying on any statement by Seller, Seller's agents, or any prior owner of the equipment regarding the specifications, capabilities or condition of equipment.
Seller shall have no liability resulting from the presence of hazardous substances, contaminants or waste on or in the equipment. Any delivery dates provided by Seller are estimates only, and Seller shall not be responsible for any damages cause by and delay in delivery, including, but not limited to, any lost profits, downtime, or inability to perform and contracts.
Title to the equipment shall not pass to Buyer until the full purchase price has been paid to Seller a secured interest in the equipment, and authorizes Seller to execute and file any appropriate documentation necessary to perfect the security interest in the equipment. The purchase of the equipment will be F.O.B. from the floor of the sold location, unless otherwise noted on page (1) of the invoice. Risk or loss shall pass to Buyer upon the earlier of payment in full of the purchase price, or upon Seller's tendering of the equipment for dismantling, loading shipping and /or delivery, buyer is solely responsible for, and bears the risk of less, for all arrangements and costs, and any damage to the equipment during the process of dismantling, loading, rigging, and shipping companies and/or Buyer's own insurance for any damages related to the dismantling, loading, rigging, shipping, delivery, assembly and/or installing of the equipment. Buyer is solely responsible for proper completion of any bill(s) of lading with respect to the equipment, and for providing insurance against any damage in loading, rigging,shipping, delivery, assembling and/or installing the equipment. All sales are subject to applicable federal, state, and local use, sales and excise taxes which the Buyer agrees to pay, and which will be billed as part of the selling price, or separately, if the Seller is required by any taxing authority to collect and pay such a tax.
Buyer/user agrees to indemnify, hold harmless Seller, its subsidiaries, affiliates Salesperson(s) or any agents of and from any and all claims or liabilities involving, or alleged to involve, these goods, which are caused by acts arising from the equipment of the face hereof or omissions of the Buyer, his employees, assigns or agents. Buyer acknowledges that the goods described herein and pre-owned and used goods, which were neither designed nor manufactured by the Seller. Nor has safety devices and equipment for any particular use, operation, or setup, and to take all necessary steps to conform to all federal, state, and local government safety standards, including OSHA.