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SURPLUS BUYER TERMS AND CONDITIONS

1. CONDITION AND ACCEPTANCE OF MATERIAL

Buyer understands that the material and/or equipment being purchased hereunder is used. Buyer accepts the existing condition of all material and/or equipment being purchased hereunder. Buyer has independently satisfied itself that the material and/or equipment being purchased is fit for Buyer’s intended use.

2. DISCLAIMER OF ALL WARRANTIES

Buyer acknowledges that the material and/or equipment purchased hereunder is sold “As Is, Where Is” with all faults. Seller makes no warranties or guarantees, express or implied. Seller expressly disclaims all warranties, express or implied, including any implied warranties of merchantability and fitness for a particular purpose.

3. SHIPMENT

Seller agrees to make the purchased material and/or equipment available in such a manner that it can be safely picked up for transport via highway vehicles. Seller will assist with loading on to Buyer’s transport vehicles, at Seller’s expense, but Buyer is responsible for securing or making fast any materials and/or equipment to Buyer’s transport vehicles. All transportation, shipping and handling arrangement and charges from Seller’s facility to Buyer’s location shall be at Buyer’s expense.

4. TITLE

Seller warrants that it has clear title to the material and/or equipment being sold hereunder, and that title to the material and/or equipment shall pass to Buyer upon payment of Seller’s invoice(s).

5. PRICING

Pricing shall be as set forth on the Sales Order document, or in a separate Attachment B if applicable, and is the pricing to be charged to and paid by Buyer for the materials and/or equipment ordered and received by Buyer. Buyer shall be liable for any and all local taxes or charges as appropriate.

6. REMOVAL OF INSIGNIA

Buyer agrees to remove any and all Seller or project site owner trademarks, labels, distinctive markings and other insignia which may appear on the material and/or equipment or on the packaging material and to refrain from making use of such trademarks, labels, distinctive markings and insignia in Buyer’s use or disposition of material and/or equipment.

7. CONFLICT

This Attachment A is part of the Agreement to which it is attached, and supersedes and takes precedence over any other terms and conditions in conflict with this Attachment A.

8. INDEMNITY

Buyer agrees to release, indemnify, hold harmless, and defend Seller, and their officers, employees, agents, and representatives, from and against any claim, demands, cause of action, loss, expense, or liability arising from or relating to any actual or asserted injury to or death of persons (including the employees of Buyer and Seller) or damages to or loss of property (including the property of Buyer or Seller) arising directly or indirectly out of the acts or omissions of Buyer, or their employees or agents, but excepting where the injury or death of persons or death of persons or damage to or loss of property was caused by the sole negligence or willful misconduct of the party to be indemnified.