Terms and Conditions
To the extent not directly contrary to the terms attached to our quotations, the following terms and conditions will apply to all sales made by Absolute Machinery Corporation. By making payment for the products described in our invoices, Buyer agrees to be bound by and accepts the following terms and conditions, and agrees that any terms included in Buyer’s forms not specifically set forth herein are deemed objected to by Seller, even if Buyer has not placed its signature on our invoice.
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 OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, or any warranty regarding the accuracy of equipment specifications or operability.
All descriptions of the equipment on our invoices 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 equipment is sold subject to Seller receiving the equipment from the equipment supplier from which Seller is acquiring the equipment. If such supplier fails or refuses to timely sell and/or deliver the equipment to Seller, free and clear of all liens, upon the terms previously agreed upon by Seller and such supplier, Seller shall refund any deposits made by Buyer, and Seller shall have no further liability to Buyer
The maximum liability of Seller or any affiliate, subcontractors or suppliers, at any tier, under any legal theory or authority, 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, or damage to other equipment or materials, even if Seller has been advised of the possibility of such damages.
All taxes, customs and duties relating to the equipment or their sale are the responsibility of the Buyer, including all sales tax, excise tax, and personal property taxes. Buyer agrees to reimburse Seller for any payments of such amounts, including interest, charges or penalties.
Any action relating to this agreement or the equipment shall be: (a) filed in a court in New Hampshire, with Buyer specifically consenting to the jurisdiction in New Hampshire; (b) governed by the laws of the State of New Hampshire, without regard to principles 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 costs, including attorneys’ fees.