Chaparral Machinery Home 3435 Roy Orr Blvd.
Suite 100
Grand Prairie, Texas 75050

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972-313-1984 (Fax)
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Terms and Conditions of Sales

The following "Terms, Conditions and Warning" are incorporated into all Quotations, Invoices, and Sales.

TERMS, CONDITIONS, AND WARNING

1.Definitions- whenever used "Seller" shall mean Chaparral Machinery: "Purchaser" shall mean the person, persons, or company who purchases any Equipment from Seller. "Equipment" shall mean materials, articles, machinery, equipment and appurtenances to such items: and "Handling" shall mean any and all of the following activities: transportation, handling, cleaning, reconditioning, repair, modification, testing, inspection, dismantling, welding, cutting, assembly, installation, operation, possession, or disposal.

WARNING

2. SELLER WARNS PURCHASER AND ITS AGENTS, EMPLOYEES, CONTRACTORS, ETC., THAT ANY EQUIPMENT OFFERED FOR SALE, QUOTED, SOLD, SHIPPED OR SUPPLIED BY SELLER MAY BE DANGEROUS DUE TO IMPROPER HANDLING OR DEFECT AND MAY BEAR OF CONTAIN VOLATILE HYDROCARBONS.

By issuing its purchase order or shipping instructions, and by accepting or taking delivery of any materials from Seller, Purchaser understands and agrees that: No change in this broad warning shall bind seller unless the change is expressly made in a written instrument signed by a duty authorized officer of Seller; no additional and specific Warning shall be deemed to limit this broad Warning, and if any additional specific Warning is inadequate, all of the terms and conditions of the sale herein set forth shall apply, even if the inadequacy of the specific Warning was due to negligence on Seller’s part; and no course of action on seller’s part shall be deemed to limit this broad Warning. Purchaser can reasonably foresee may be exposed to such hazards.

WARRANTY DISCLAIMER: LIMITATIONS ON SELLER’S LIABILITY

3. Sales are "As Is" Quotations Subject to Prior Sale unless otherwise expressly set forth herein, all Equipment being sold or quoted by Seller As used and NOT NEW. All sales are on an "AS IS" and "WITH ALL FAULTS" basis, and all Equipment being quoted shall be available for purchase subject to prior hold option or sale.

4. Description of Equipment: No Warranty. Descriptions of Equipment are approximate and are intended to serve as a guide. Information provided by Seller concerning Design data and conditions including but not limited to design pressures and temperatures, wall thicknesses, sizes, capacities, surface areas, BTU/hr. ratings, HP, GPM, RPM, KW, prior services, code ratings, inspection reports, manufacturers’ data reports, specification and drawings, etc., is accurate to the best of Seller’s belief and knowledge; however. Seller makes no warranty that such information is true and correct and such information is true and such information does not necessarily reflect the current capabilities or condition of Equipment being quoted or sold.

5. Right to Inspect and Reject. All equipment is subject to inspection and/or non destructive testing by Purchaser or its agent for the purpose of determining that the condition of Equipment is satisfactory to Purchaser. Equipment shipped following inspection by Purchaser may not be rejected unless specifically provided herein to the contrary: Equipment shipped prior to inspection by Purchaser, or shipped subsequent to initial inspection by Purchaser where it is specifically provided herein that Purchaser shall have the right of final inspection after shipment, may be rejected by (1) written notice of such rejection received by Seller: and (2) return shipment of rejected Equipment at Purchaser’s expense, to Seller, if such notice is received and return shipment is arranged within thirty (30) days of delivery to Purchaser or its inspection or testing agent ( or any lengthier period as Seller may specify herein). Upon receipt of Purchaser’s notice and return shipment. Seller shall reimburse Purchaser for any portion of the purchase price for returned Equipment therefore received by Seller Equipment retained by Purchaser beyond thirty (30) days from delivery to it or to its inspection or testing agent shall be deemed unconditionally accepted by Purchaser.

6. Limitation of Seller’s Liability PURCHASER’S RIGHT TO RETURN EQUIPMENT IN ACCORDANCE WITH THE PROVISIONS ABOVE SHALL BE PURCHASER’S SOLE REMEDY, SELLER’S AGREEMENT, SUBJECT TO THE CONDITIONS STATED ABOVE, TO RETURN THE PURCHASE PRICE IS EXPRESSLY IN LIEU OF ANY IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ALL OTHER IMPLIED WARRANTIES IN LAW OR EQUITY, AND ALL OTHER OBLIGATIONS OR LIABILITIES ON SELLER’S PART, SELLER MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. AS TO EQUIPMENT INCLUDED IN THIS EXCLUSION IS ANY WARRANTY OF MERCHANTABILITY OF EQUIPMENT AND OF FITNESS OF THE EQUIPMENT FOR ANY PARTICULAR USE OR PURPOSE. Seller has no connection with the design, manufacture, prior operation, maintenance or modification of Equipment quoted or sold by Seller. Seller shall have no responsibility or liability for personal injuries or property damage resulting from or connected with Handling of Equipment sold by or received from Seller or its agents.

7. Seller’s Liability Terminates. Seller’s liability for any loss or damage arising out of, connected with, or resulting from this contract, the performance or breach hereof or the manufacture, sale, delivery, resale, repair, inspection, testing, or use of any equipment covered by or furnished hereunder shall in no case exceed the purchase price of said Equipment and upon the expiration of one year from date of delivery all such liability shall terminate. In no event shall Seller be liable for special or consequential damages, including but not limited to damages for lost profits, lost sales, injury to person or property.

GENERAL

8. Sales Tax. Price quotations do not include sales or use taxes which will be added to total sales prices on invoices where deemed applicable. Purchaser shall hold Seller free and harmless from any claims, liabilities or obligations to pay any and all sales or use taxes not collected from Purchaser on Equipment sold by Seller and Purchaser shall pay any and all sales or use taxes which may be subsequently determined due and owing by any state taxing authority.

9. Purchaser’s Default-Untimely Payment. Purchaser will be in default where payment is not made in compliance with terms shown on the invoice. Invoices which are not paid when due are subject to cancellation by Seller, at its option, by giving written notice of cancellation to Purchaser providing a five-day period for Purchaser to cure the default by making cash payment in full to Seller at its offices in Grand Prairie, Texas. During any period that Purchaser is in default Seller shall have no obligation to make delivery of items invoiced or sold and may withhold delivery without liability to Purchaser.

10. Purchaser Assumes Risk of loss and Compliance with law. Upon the earliest of Purchaser’s issuance of a purchase order, delivery to a carrier at shipping point, inspection period to shipment, or acceptance of delivery of goods. Purchaser assumes all risk and responsibility for any and all personal injuries and/or property damage resulting from or related to the Handling of the Equipment, Purchaser assumes full responsibility for compliance with OSHA regulations and all other appropriate local, state, and federal government laws and regulations.

11. Hold Harmless Clause. Purchaser shall protect, indemnify, save and hold Seller, its agents, employees and directors free and harmless from and against any and all claims, demands, damages, judgments, fines, penalties, and losses of every kind and character, however same may have been caused, arising in favor of any person or persons including Purchaser and its employees and agents on account of personal injuries or death or property damage incident to, arising out of or caused by the Handling of Equipment sold by or received from Seller or its agents.

12. Governing Law. This agreement shall be governed and interpreted in accordance with the law of the state of Texas.

13. Entire Agreement. The above terms, together with those set forth or referred to on the face hereof and such others as the Seller may have specifically agreed to in a written instrument signed by a duly authorized officer of Seller, constitute the entire agreement for sale of the Equipment.

14. Delivery. Seller is not responsible for delays in delivery caused by manufacture, transportation, trade restrictions or other.

Chaparral Machinery is a regional machine tool distributor serving Texas and New Mexico.
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