Thoreson McCosh Inc. D50T Plastic Pellet Dryer

Description

Thoreson McCosh Plastic Pellet Dryer
Model- D50T
Serial#- 7702234
Power- 460/3/60
KW- 6.5
Amps- 11.8
H.P.- .33
F.O.B. Truck "As Is Subject To Prior Sale"
TEMS AND CONDITIONS
1. GENERAL. The terms and conditions herein contained shall be a part of any purchase order issued to Pennsylvania Equipment, Inc. (hereafter
PEI”) for the purchase of goods from PEI (hereafter “goods”), and shall form a part of the contract between PEI and the Buyer for the
\furnishing by PEI of said goods. No additional or conflicting terms or conditions in any purchase order, inquiry, or other documents from the
Buyer shall alter, add to, or affect the terms and conditions herein contained. No changes in any of the terms and conditions contained
herein shall be valid unless approved in writing by a duly authorized officer of PEI. The rights of PEI herein set forth are in addition to all
rights set forth in the Uniform Commercial Code as set forth in Pennsylvania’s General Laws.
2. TAXES. All prices contained in the attached quotation are exclusive of any Federal, State or Local sales, use property or excise tax. If PEI is
required by law or regulation to pay any such tax because this transaction, Buyer shall reimburse PEI for such taxes on demand.
3. PAYMENT TERMS. All invoices are payable in conformity with their provisions and, if no provisions are indicated, payable net upon
receipt. No retainage shall be held by Buyer, PEI reserves the right to either terminate any contract resulting from this quotation or to suspend
any delivery under it without notice to Buyer if Buyer fails to pay in accordance with these terms. Buyer will pay late charges of 1 ½% per
month on overdue balances.
4. WARRANTY AND DISCLAIMER. The goods sold are secondhand goods and PEI, therefore, makes no warranty of any kind, and sells the
goods “AS IS,” “AS INSPECTED,” and “WITH ALL FAULTS.” PEI MAKES NO WARRANTY OF ANY KIND WHATSOEVER,
SPECIFICALLY, AND WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PEI DISCLAIMS
ANY RELIANCE BY BUYER ON PEI’S SKILL OR JUDGEMENT TO SELECT OR FURNISH GOODS FOR ANY PARTICULAR
PURPOSE, EXPRESS OR IMPLIED.
5. PROPOSALS AND ACCEPTANCE. All proposals and acceptance of orders are not subject to cancellation. The shipping date is
approximate only and is subject to delays and nonperformance occasioned by strike, fire, acts of any third party, acts of God, and other causes
beyond PEI’s control. Each proposal shall be open for 10 days from the date the proposal is made.
6. TERMS. Care is taken to give reliable descriptions of goods, but these are not guaranteed, and prospective buyers are advised to verify
details. Specifications are approximate only, intended solely as a guide, and are not binding upon PEI. PEI reserves the right to correct
stenographic errors.
7. TITLE. Title shall not pass to Buyer with the delivery of the described goods but shall remain vested in PEI until the entire purchase price is
paid.
8. MACHINERY USE AND SAFETY. Buyer acknowledges that the goods covered by this proposal or invoice are preowned (USED) goods
which are neither designed nor manufactured by PEI, nor does PEI know of the specific application of theses goods by Buyer. Therefore, it is
the Buyer’s responsibility to provide safety devices and equipment to ensure that the goods conform to all federal, state, and local safety
standards.
9. INDEMNIFICATION. Buyer agrees to indemnify and hold harmless PEI of and from any and all claims or liabilities from accidents.
Involving the goods quoted or sold, caused by failure of the Buyer to provide safety devices or to comply with federal, state and local laws
applicable to such goods, including the OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970. Buyer shall notify PEI promptly of any
accident involving these goods and of an event within 30 days after such occurrence and shall cooperate fully with PEI or PEI’s agent in
investing and determining the cause of said accident.
10. PATENTS AND SIMILAR RIGHTS. Buyer shall indemnify and hold PEI harmless from all costs, loss and expense as a result of any
infringement of any patent or proprietary right, including, but not limited to, costs of litigation and attorney’s fees.
11. NOTICE. All notices shall be by registered or certified mail, return receipt requested, the addresses of parties shown herein.
12. RISK OF LOSS. All risk or loss to the goods following delivery to carrier, Buyer shall insure the goods fully for Seller’s benefit until the
full purchase price is paid. All claims made against carrier for loss or damage in transit shall be made by Buyer.
13. FINAL AGREEMENT. This writing is intended by the parties as a final expression of their Agreement and is intended also as a complete
and exclusive statement of terms of their Agreement and shall not be modified except by a writing signed by the parties. No antecedent or
extrinsic representations or statements, oral or written, by way of advertisement or otherwise with reference to the goods of their performance
or capabilities shall constitute warranties or guarantees. Buyer agrees that is has not relied upon any such statements or representations.
14. GOVERNING LAW CLAUSE. This writing shall be construed and enforced in accordance with the substantive law of the Commonwealth
of Pennsylvania, without giving effect to the conflicts or choice of law provisions thereof and shall have the effect of a sealed instrument.
15. TITLES. Paragraph titles herein are for identification purposes only, and do not limit or restrict the Terms and conditions expressed herein.
16. CUSTOMER PURCHASE ORDERS. PEI’s failure to object to provisions in customer purchase orders or other communications shall not be
deemed a waiver of the terms and conditions hereof nor acceptance of such provisions.
17. SUBJECT to foregoing and in conformance with the MDNA code of ethics, PEI will accept within 30 days of shipment any machine sold
with a return privilege, freight prepaid for refund of purchase price if proven mechanically unsatisfactory, or repair at PEI’s option. This
does not apply to machines sold “as is,” “as inspected” or “with all faults,” nor does it apply to machines purchased for purchaser from third
parties which will carry a warranty specifically given by the third party.
THESE TERMS AND CONDITIONS OF SALE CONSTITUTE AN INTEGRAL PART OF THIS QUOTATION AND/OR SALE OF THE PROPERTY DESCRIBED HEREIN AND ARE NOT SUBJECT TO WAIVER OR CANCELLATION